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General terms and conditions filed on 01-03-2023

1.Definitions

1.1 Client: the natural person or legal entity who, with Carré1749, enters into an Agreement.
1.2 General Terms and Conditions: the general terms and conditions of sale and delivery of Carré1749
1.3. Uniform Hospitality Conditions: the conditions under which hospitality companies established in the Netherlands, such as hotels, restaurants, cafes and related companies (including catering companies, party service companies, etc.), provide services and conclude agreements.
1.4. Carré1749 : the company that declares these general terms and conditions applicable to the agreement, to every quotation that by Carréis issued 1749 and/or on any legal act performed by/on behalf of Carré1749 is performed.
1.5. Services: the by Carré1749 services to be delivered to the Client pursuant to the Agreement. Services shall in any event be understood to include, but not be limited to: the provision and on-site organization of exclusive events, fairs, presentations, and (networking) meetings for both the business and private markets, for members as well as non-members of the by Carré1749  .
1.6. Location: the location between the client and Carré1749 and location included in the agreement.
1.7. Agreement: the signed order confirmation and/or an email confirmation and/or an online reservation (incl. general terms and conditions of sale and delivery) between Carré1749 and Client for the provision of Services.
1.8. Parties: Client and Carré1749 , or to the private limited liability company Landgoed Exploitatie BV
1.9. Website: a by Carré1749 offered website.
1.10. Options: options placed on a date and location are valid for two weeks from the moment the option is booked. Carré1749 is not obliged to notify the (legal) person who records the option of the expiration of an option.

  1. Application Terms and Conditions

2.1 The general terms and conditions apply to every agreement, to every quotation that by Carréis issued 1749 and/or on any legal act performed by/on behalf of Carré1749 is performed and form an integral part of the Agreement between Carré1749 and the Client. In the event of a conflict between the general terms and conditions and the agreement, the agreement shall prevail, provided that it has been validly signed. The Client is entitled to dissolve the agreement if the changes to the general terms and conditions result in major changes to the commercial terms and/or increase the risks for the Client.
2.2 Carré1749 has the right to unilaterally amend the general terms and conditions. The Client will be informed in writing of changes to the existing agreement in a timely manner, at least 4 weeks prior to the event. By purchasing the services after the amendment of the general terms and conditions, the Client is deemed to have accepted this amendment.
2.3 The general terms and conditions or one or more provisions contained in the general terms and conditions may only be amended in writing in the agreement between Carré1749 and the client deviate. Carré1749 explicitly rejects the application of the sole (general) terms and conditions used by the Client.
2.4 The general terms and conditions do not apply to the options on the services. An option on the services is valid for a period of ten working days. Unless otherwise agreed in the offer.
2.5. Any applicability of the ''United Nations Convention on Contracts for the International Sale of Goods'' (the ''Vienna Sales Convention'') is expressly excluded.
2.6. The general terms and conditions have been filed with the Chamber of Commerce and Factories in Venlo under number 64563065

 

  1. Conclusion of Agreement

3.1 The agreement is concluded by written confirmation by Carré1749 , by oral or written instructions from the Client, or by written acceptance by the Client of a by Carré1749 provided quotation.
3.2. Every agreement is entered into subject to the suspensive condition of sufficient availability and capacity of the services and acceptance of the Client by Carré1749  .
3.3. Carré1749 can provide a written quotation for the supply of the services at the request of the Client. The quotation is valid for the term stated in the quotation. If no term is stated in the quotation, the quotation will be valid for ten (10) working days.
3.4. Expressions of CarréAny statements made on a website or otherwise regarding the services constitute a non-binding offer and are subject to change and availability.

  1. Cancellation of meetings and/or meetings, whether or not including hotel rooms and or adjustment of numbers of the agreement regarding meetings and/or meetings and/or hotel rooms (with the exception of weddings)

4.1 Carré1749 applies the cancellation conditions of the Uniform Conditions for the Hospitality Industry (UVH) to its agreement regarding reservations for meetings and/or conferences, filed with the Chamber of Commerce and Industry in Venlo under number 64563065, with the exception of Art. 4.2, which is described in more detail below as a general condition and replaces the relevant article of the UVH.
4.2 When the agreement is canceled, the following provisions apply:

  1. In the event of cancellation between 8 and 6 months before the execution date, the client is obliged to pay 20% of the agreed fee. Carré1749 to be paid.
  2. In the event of cancellation between 6 months and 2 months before the execution date, the client is obliged to pay 50% of the agreed fee. Carré1749 to be paid.
  3. In the event of cancellation between 2 months and 40 days before the execution date, the client is obliged to pay 75% of the agreed fee. Carré1749 to be paid.
  4. In the event of cancellation between 40 days and 15 days before the execution date, the client is obliged to pay 90% of the agreed fee. Carréto pay 1749
  5. In the event of cancellation between 14 days and 8 days before the execution date, the client is obliged to pay 95% of the agreed fee. Carré1749 to be paid.
  6. In the event of cancellations 7 days or less before the execution date, the client is obliged to pay 100% of the agreed fee. Carré1749 to be paid.
  7. It is not possible to use the value associated with the cancellation for other services or on a different date or time.
  8. Up to 14 days in advance you can adjust the numbers downwards with a change of up to 10% of the number of guests on which the quote is based. (This expressly does not apply to weddings)
    At a later time it is no longer possible to make changes to the number of guests, due to our purchasing. We will invoice the number of guests known to us 14 days in advance.

Cancellation of hotel group reservations (more than three rooms)

4.a.1 Carré1749 applies the cancellation conditions of the Uniform Conditions for the Hospitality Industry (UVH), filed with the Chamber of Commerce and Industry in Venlo under number 64563065, to its agreement regarding hotel group reservations, with the exception of Article 1749, which is further described below as a general condition and replaces the relevant article of the UVH.
4.a.2 When the agreement is cancelled, the following provisions apply:

  1. In the event of cancellation between 8 weeks and 4 weeks before the execution date, the client is obliged to pay 50% of the agreed fee. Carré1749 to be paid.
  2. In the event of cancellation between 4 weeks and 2 weeks before the execution date, the client is obliged to pay 75% of the agreed fee. Carré1749 to be paid.
  3. In the event of cancellation between 2 weeks and 3 days before the execution date, the client is obliged to pay 90% of the agreed fee. Carréto pay 1749
  4. In the event of cancellation between 3 days and the day of arrival prior to the execution date, the client is obliged to pay 100% of the agreed fee. Carré1749 to be paid.
  5. It is possible up to 2 weeks before the day of arrival to use the value associated with the cancellation for the same services or on a different date or time. The original value of the initial reservation will be charged immediately upon shift.

Cancellation of weddings

4.b.1 Carré1749 applies the following conditions to its agreement regarding weddings, whether or not including hotel rooms:

  • With a final reservation for a wedding, we ask for a deposit of
    € 3000 for weddings with a quote amount up to € 0 and
    € 3500 for quotations with a quotation amount higher than € 9000
  • The down payment and/or the approval of the quotation counts as a definitive reservation. In case of cancellation of the wedding, the amount of the deposit is non-refundable and the following applies:

-Up to and including 240 days before the start, the deposit will be converted into a cancellation fee

-From 240 days before commencement, 50% of the initial quotation amount will be charged

  • If canceled on the original wedding day, we offer the option to reschedule the wedding within 365 days of the initial date. The advance will be maintained during this period. After this period of 365 days, the advance will expire and no refund will be made.
  • If you want to move the wedding to a subsequent calendar year, we apply a price increase of 5% on the total quotation amount.
  • In principle, a quotation can be moved to the same day, within the same calendar year, at no additional cost. For example from a Friday to a Friday. If a Saturday is chosen instead of a Friday, the quotation will be increased by the additional price that the Saturday entails.
  • Force of the majority:

if the service (the party, the wedding, etc.) cannot be delivered because only Carré1749 If the Client is unable to fulfill its obligations, the Client may claim reimbursement of the advance payment. However, costs incurred (and to be incurred) cannot be recovered from the Client in such a situation. Carré1749. Think of, for example, a hired DJ, clothing, decoration, car rental, printing, etc.

if the service (the party, the wedding, etc.) cannot be taken, because client only cannot or does not want to purchase the service, then there will be no refund of the advance, or costs incurred and/or prepayments. The advance is also not “moveable” or “carryable” to a later date.

if the service cannot be delivered and cannot be purchased (think of the sudden inaccessibility of the location, a pandemic, etc.) by the parties and this is not the fault of the parties, then the following applies:
The paid advance payment will not be refunded, but will be maintained as an advance payment for a similar event with at least an equal quoted value. This event must take place within 365 days of the initial date. If the parties are unable to find a suitable date within this period, the advance payment shall lapse in favor of Carré1749 and no refund takes place.

Adjusting guest numbers

4.c.1 Carré1749 applies the following conditions to all its agreements and other reservations:

Adjust guest numbers meetings: The numbers can be adjusted downwards up to 7 days in advance. At a later date, the agreed rate remains.

Adjusting guest numbers for parties, dinners, drinks, etc.: The numbers can be adjusted downwards up to 14 days in advance. At a later date, the agreed rate remains.

Adjust guest numbers for weddings: If the guest numbers of the approved quotation are adjusted downwards, this will not affect the quotation amount. Extra guests can be added in consultation at the then applicable rate.

  1. Compensation and payment

5.1 The Client shall for the by Carré1749 services provided, pay the remuneration stated in the agreement, in the manner designated in paragraph 4 of this article, unless otherwise provided in the agreement.
The client is aware that Carré1749 is entitled, within the framework of its services via so-called affiliation agreements with third parties, to further compensation from these third parties (kickback fees)
5.2 All fees may be subject to change as a result of the time of conclusion of the agreement for Carré1749 unforeseen circumstances, including cost increases, changes in the work or a modification of the assignment. Unforeseen cost increases shall in any event include: (a) unforeseen interim statutory cost-increasing measures; (b) delays caused by the Client's failure to perform. The Client is entitled to terminate the agreement if the change and the compensation average more than 8%. Normal price increases due to inflation are deemed to be included in the quotations of Carré1749  .
5.3 All fees stated in the agreement include VAT and other government levies, unless agreed otherwise.
5.4 Upon conclusion of the agreement with Carré1749 the client must pay 25% of the total quotation amount to Carré1749 to confirm the reservation unless stated otherwise. The remaining quoted amount will be invoiced after the event (or as otherwise agreed). Naturally, final numbers and subsequent calculations will be settled in this invoice. The deposit must be paid to the bank account number of Carré1749. The client can find the correct payment details on the deposit invoice, which will be sent upon finalization of an event.

5.5 The Client is not entitled to the Carré1749 amounts due to be set off in any way against by Carré1749 amounts owed to the client.
5.6 In the event of late payment, Carré1749 the right: (a) to suspend the provision of the Services without the need for notice of default or notification and (b) to charge statutory interest plus five percent (5%) on the full amount due from the date on which payment should have been made until the date on which the amount due by Carré1749 was received.
The Client shall reimburse all costs that Carré1749 must incur to collect the amount due, including costs of legal assistance, court costs and extrajudicial costs, which costs shall amount to at least fifteen percent (15%) of the amount due with a minimum of EURO 150.
5.7 The Client must submit any objections to the final invoice in writing within a period of 48 hours after receipt of the final invoice to Carréto make known 1749.
5.8 The client must object in writing within 48 hours after the performance of the event in the event of any defects compared to what has been agreed in the order confirmation. This must include a clear description of the objection.
5.9 The Client may provide the final number of guests up to 7 working days before the event. These provided numbers will also be invoiced by Carré1749, however, a maximum of 10% less will be invoiced. Even if the final quantities are adjusted downwards by more than 10%.
5.10 In the case of a so-called exclusive wedding, no price deviation is possible due to the adjusted number of people.

  1. Obligations Carré1749

6.1 Carré1749 will provide the services in compliance with the provisions of the agreement. Carré1749 undertakes to execute the agreements in the contract to the best of its ability.
6.2. Carré1749 reserves the right to suspend the provision of services to the Client, in whole or in part, in the event that the Client is in attributable default in the performance of any obligation under this agreement.
6.3 Carré1749 reserves the right to postpone the delivery of the services due to unforeseen circumstances, including but not limited to circumstances of a technical nature. In the event that the delivery of the services by CarréIf 1749 is postponed, the compensation for the Client will consist of delivery by Carré1749 of replacement services to the Client, in mutual consultation with the Client. However, the Client may also decide to terminate the agreement free of charge in this case.

  1. Obligations and restrictions of the client

7.1 The Client will purchase the services with due observance of the provisions of the signed agreement.
7.2 The Client is obliged the delivery of the services by Carré1749 to check at the start of the provision of the services and continuously thereafter, and to report any shortcomings immediately to Carré1749, failing which the Client shall be deemed to have accepted the services without reservation. If the Client reports a defect in the services to Carré1749 reports, will Carré1749 endeavor to remedy the defect as soon as possible.
7.3 The Client is not permitted to purchase or use the services in violation of the provisions of the agreement, the general terms and conditions, the relevant and applicable statutory provisions, and the due care expected in social conduct. Among other things, the Client and their guests are not permitted to use and/or scatter rice, confetti, streamers, flower petals, and/or similar products at the location. If this does occur, the location will charge an additional €250,00 in cleaning costs on the final invoice. The Client and their guests are not permitted to use fireworks or similar products within a radius of one hundred meters, measured from the location, unless the Client has obtained a permit for this from the competent authority(ies). A copy of any permit must be in the possession of the Client prior to the start date of the services. Carré1749  .
7.4 The client is not permitted to use the services for: (a) making unlawful statements; (b) the nuisance approaching, threatening or otherwise falling of persons.
7.5 The Client shall, in connection with the by Carré1749 strives for the high quality of its services, at least 14 days before the start date of the delivery of the services, the final number of the Client's guests present at the location in writing to Carréconfirm 1749.
7.6. If the Client and/or his guests and/or third parties engaged by or through him violate the provisions of paragraphs 3, 4 and 5 of this article, any fines imposed on Carré1749 shall be imposed and passed on in their entirety to the Client, without prejudice to the right of Carré1749 to claim full compensation from the client.
7.7 The Client and/or its guests are not permitted to smoke in any covered area within or connected to Carré1749, unless otherwise indicated. Fines imposed as a result of failure to comply with this prohibition shall be fully passed on to the client.

  1. Carré1749 facilities

8.1 The Client guarantees that the properties of the by Carré1749 facilities made available at Carré1749 remains vested (unless otherwise agreed in writing) and shall immediately deprive third parties who wish to assert rights with respect to the provisions or take measures (such as seizure) of the ownership right of Carréto inform 1749 and Carréto warn 1749 in this regard.
8.2 Maintenance, modification or relocation relating to the facilities of Carré1749 shall only take place by Carré1749 , or by means thereof Carré1749 engaged third parties.
8.3 Carré1749 has the right to require the Client to take out insurance to cover risks. The Client has, at the first request of Carré1749 the obligation to provide access to the policy relating thereto.

  1. Further terms and conditions

Below you will find the conditions that apply when holding a party at our location, such as a wedding or a meeting.

  1. An option place for a specific date is only possible after a personal introduction on location and on the basis of a tailor-made offer based on your wishes and ideas. If we grant an option, it will be specifically stated in the quotation that an option has been placed.
    Oral commitments for options are not made.
  2. An option is valid for a maximum of 4 days. If another request comes before the same date (within 4 option days), you will be contacted. You will have to indicate within a period to be agreed whether you wish to convert the option into a definitive reservation. An option is extended a maximum of one time. Whether it is possible to extend an expiring option will be determined by
    CarréReviewed 1749.
  3. Changing a previously made schedule on the day/time itself will only be approved in consultation with the manager on duty. The end time of a wedding must be announced at least 4 weeks in advance. The extra costs outside the package duration of 12 hours are 500 Euro per hour.
  4. Confetti is allowed at our location. However, we charge cleaning costs for cleaning up the confetti. The costs are € 250 per time, per room.
  5. Please take care of decorations / decoration in one of our rooms or (there) outside. Please also remove the decorations the next day (before 11.00:250 am). If this is not done, we are forced to charge the costs of clearing / cleaning. These costs are €XNUMX,-
  6. A smoke machine is not allowed in our building.
  7. We must receive menu choices and the final number of guests 14 days in advance.
    Up to 14 days in advance you can adjust the numbers downwards with a change of up to 10% of the number of guests on which the quote is based.
    At a later time it is no longer possible to make changes to the number of guests, due to our purchasing. We will invoice the number of guests known to us 14 days in advance. With the exception of Exclusive weddings.
  8. If you have rented hotel rooms, we would like to receive the completed room list 14 days in advance, so that we can provide a smooth and correct check-in for your guests.
  9. We ask you and your guests to treat our interior, furniture, crockery and glassware with respect. If damage is caused, we are forced to calculate the costs on your final invoice. The value involved is assessed for each claim, with a minimum of €250 per claim.
  10. Our Uniform Conditions for the Catering Industry apply to all our services. If desired, we can send you a copy of this.
  11. Normally, the areas for construction and decoration are available from 11:00 am on the day itself. In consultation it is possible to decorate the day before.
  12. Parking is available on the property of Carré1749. Carré1749 accepts no liability for any damage and/or theft.
  13. It is not allowed to use the hotel rooms with more than the number of persons reserved for that room.
  14. If damage is caused to the property of Carré1749, we will initially recover this from the organizer/the undersigned of the quotation.
  15. Dismantling of the disc jockey set-up cannot happen after the party. Dismantling is only possible the following day between 08:00 and 12:00 or in consultation.
  16. All prices include VAT, unless stated otherwise.

10.Privacy

Carré1749 will provide the services and process the Client's data in accordance with the Personal Data Protection Act.

  1. Confidentiality and Prohibition of Disclosure

11.1 The Client shall the existence, nature and content of the agreement, of a quotation that by Carré1749 is or will be issued and/or of any legal act performed by/on behalf of Carré1749 is or will be performed, as well as other business information, keep confidential and disclose nothing regarding it without written permission from Carré1749  .
11.2 In the event of a violation of the provisions of paragraph 1 of this article, the Client shall forfeit a fine of Euro 10.000,00 per event, which fine is immediately due and payable. Carré1749 reserves the right to claim full compensation from the Client.

  1. Liability and Indemnity

12.1 Carré1749 shall never be liable for any direct or indirect damage, including but not limited to consequential damage, stagnation damage, delay damage, loss of orders, loss of profit, and processing costs of the Client, its guests, or third parties, related to or arising from the Agreement or the Services, unless such damage is caused by demonstrable intent or gross negligence on the part of Carré1749

12.2 Without prejudice to what is stipulated elsewhere in the general terms and conditions, the liability of Carré1749 towards the Client, on whatever grounds, per event (where a connected series of events counts as one event) limited to that provided by the Client to Carré1749 fee paid for the agreed services (including VAT). `This fee should be related to the extent to which Carré1749 is said to have fallen short. Minor deviations in the provision of services do not entitle the customer to compensation.
12.3 The Client, his guests and/or third parties engaged on behalf of the Client are jointly and severally liable for all damage resulting from the Carré1749 or any third party is and/or will arise as a direct or indirect consequence of an attributable failure and/or unlawful act, including violation of the house rules, committed by the Client, his guests and/or third parties engaged on behalf of the Client, as well as for all damage caused by any animal and/or any substance and/or any object of which they are the owner or which are under their supervision.
12.4 Carré1749 is not liable for damage to or loss of goods brought to the location by a guest of the Client and/or a third party engaged by or on behalf of the Client.
Client indemnifies Carré1749 against claims by guests and/or third parties engaged by or on behalf of the Client in this regard.

  1. Duration of termination and dissolution

13.1 The Agreement between Carré1749 and the client is concluded for the date and/or dates stated in the agreement and the Location mentioned in the agreement.
13.2. Carré1749 is entitled to terminate the agreement in writing with immediate effect without giving reasons if the Client (a) is not deemed creditworthy by Carré1749 and/or (b) if the Client fails to fulfill one or more of the obligations under the Agreement, or fails to fulfill them in full.
13.3. The parties are also entitled to dissolve the agreement extrajudicially without further notice of default with immediate effect if (a) the other party is declared bankrupt: (b) the bankruptcy of the other party has been applied for: (c) the other party has been granted a suspension of payments of payment: (d) suspension of payment has been requested for the other party; € the company of the other Party is liquidated; (f) the other party ceases its business; (g) if a substantial part of the assets of the other party is seized: or (h) if the other party does or omits to do something that seriously damages the reputation and/or the legitimate interests of the first party such that it cannot reasonably be demanded that the agreement be continued.
13.4. Furthermore, is Carré1749 after consultation with the competent local authority entitled to dissolve the agreement immediately due to well-founded fear of disturbance of public order. Makes Carré1749 make use of this authority, then will Carré1749 are not liable for any compensation
13.5 If one or more cases as referred to in paragraphs 2, 3 and 4 of this article occur, all claims that Carré1749 and the Client is immediately and unconditionally due and payable.

  1. Force Majeure

Parties are not obliged to perform one or more obligations under the agreement if they are prevented from doing so as a result of force majeure. Force majeure is understood to include natural disasters, wars, and a non-attributable failure by Carré1749 engaged third parties or suppliers, the temporary unavailability or insufficient availability of facilities and/or services, hardware, software and/or internet or other telecommunication connections for the benefit of the Client, where the cause is beyond the control of Carré1749 lies, as the every other situation on which Carré1749 cannot exercise (decisive) control. In the event of a force majeure situation, the parties are not obliged to compensate any damages incurred by the other party as a result of the force majeure situation.

  1. Intellectual Property

15.1 The intellectual property rights to all services that Carré1749 supplies or makes available within the framework of the agreement, shall remain in the possession of Carré1749 or its licensors. To the extent necessary for the Client's use of the services, grants Carré1749 to the Client a limited, non-exclusive, non-transferable right to use the intellectual property rights to the services.
15.2 The intellectual property rights to materials, facilities and data that the Client provides Carré1749 provided within the framework of the agreement shall remain vested in the Client or its license data.
To the extent necessary for the provision of the services by Carré1749 grants client Carré1749 a limited, non-exclusive, non-transferable right to use the intellectual property rights.
15.3 The Client indemnifies Carré1749 for all claims by third parties and claims by third parties arising therefrom relating to the use by Carré1749 of the by the client to Carré1749 reinforced materials data and the intellectual property rights vested therein.

  1. exclusivity

16.1 The primary contact with relations of Carré1749 runs exclusively via Carré1749 . The Client is only entitled to contact business relations directly Carré1749, or to notify these relations and/or third parties directly or indirectly that the relation is (indirectly) also a client of the Client, if explicit prior written permission for this has been obtained from Carré1749 was obtained
16.2. Carré1749 is entitled to offer its services to multiple clients from a single industry. If the client requests industry exclusivity from Carré1749 desires, will Carré1749 require reasonable compensation from the client for this.

  1. Transfer of Obligations

17.1 The Client may only terminate a (part of the) obligations under the agreement with the prior written consent of Carrétransfer 1749 to a third party. Conditions may be attached to this consent.
17.2 In the relationship with third parties who, at the request of the Client and after permission from Carré1749 by client or CarréIf 1749 are hired, the cancellation conditions of these third parties apply.
17.3 Carré1749 may transfer its rights and obligations under the agreements to third parties without the prior written consent of the Client. Carré1749 shall notify the Client in writing of such a transfer.

  1. Miscellaneous

18.1 The content of the agreement and the general terms and conditions jointly determine the legal relationship between the parties and supersede all previous agreements, both oral and written, between the parties with regard to the subject of the agreement.
18.2 Carré1749 may engage third parties at its own discretion in the execution of the agreement.
18.3. Nullity of one or more parts of the general terms and conditions does not affect the validity of the remaining part of these terms and conditions. If one or more parts of the general terms and conditions prove to be invalid, the parties will be closest to the invalid part(s).

19. Applicable law and competent court

19.1 On every agreement whereby Carré1749 party is, on every quotation that by Carréis issued 1749 and/or on any legal act performed by/on behalf of CarréIn the event that 1749 is performed, Dutch law shall apply exclusively.
19.2. Disputes between the parties, including those that are regarded as such by only one of the parties, will be resolved as much as possible through proper consultation.
19.3. All disputes involving CarréWhether 1749 is a party directly or indirectly, the decisions shall be decided exclusively by the competent court in .