GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF THE ESTATE OVERSTE HOF
1.1 client: the natural person or legal entity who enters into an Agreement with Landgoed Overste Hof.
1.2 General Terms and Conditions: the general terms and conditions of sale and delivery of Landgoed Overste Hof.
1.3. Uniform Conditions for the Hotel and Catering Industry: the conditions under which catering establishments such as hotels, restaurants, cafes and related companies (including catering companies, party service companies, etc.) established in the Netherlands provide services and conclude agreements.
1.4. Landgoed Overste Hof: the company that declares these general terms and conditions applicable to the agreement, to every offer made by Landgoed Overste Hof and/ or to every legal act performed by/ on behalf of Landgoed Overste Hof.
1.5. Services: the services to be provided by Landgoed Overste Hof to the client based on the agreement. Services include but are not limited to the provision and organization on location of, for both the business and private market, exclusive events, fairs, presentations and (network) meetings, for members and non-members of the ESTATE OVERSTE HOF.
1.6. Location: the location between the client and Landgoed Overste Hof and included in the agreement.
1.7. Agreement: the signed order confirmation and / or an e-mail confirmation and / or an online reservation (incl. General terms and conditions of sale and delivery) between Landgoed Overste Hof and the client for the provision of Services.
1.8. Parties: the client and Landgoed Overste Hof, or to the private company with limited liability Landgoed Exploitatie B.V.
1.9. Website: a website offered by Landgoed Overste Hof.
1.10. Options: options placed on a date and location are valid for two weeks from the time of recording the option. Landgoed Overste Hof is not obliged to notify the (legal) person who records the option of the expiration of an option.
- Application of General Terms and Conditions
2.1 The general terms and conditions apply to every agreement, to every quotation issued by Landgoed Overste Hof and / or to every legal act performed by / on behalf of Landgoed Overste Hof and are an integral part of the Agreement between Landgoed Overste Hof and the client. In the event of a conflict between the general terms and conditions and the agreement, the agreement will prevail, provided it has been duly 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 conditions and / or increase the risks for the client.
2.2 Landgoed Overste Hof has the right to change the general terms and conditions unilaterally. Client will be informed in writing about changes to the existing agreement in good time, at least 4 weeks prior to the event. With the purchase of the services by the client after changes to the general terms and conditions, the client is deemed to have accepted this change.
2.3 The general terms and conditions or one or more of the provisions contained in the general terms and conditions may only be deviated from in writing in the agreement between Landgoed Overste Hof and the client. Landgoed Overste Hof explicitly rejects the application of the only (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 quotation.
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
- Establishment of the Agreement
3.1 The agreement is concluded by written confirmation by Landgoed Overste Hof, by oral or written orders from the client, or by written acceptance by the client of an offer provided by Landgoed Overste Hof.
3.2. Every agreement is entered under the suspensive condition of enough availability and capacity of the services and acceptance of the client by Landgoed Overste Hof.
3.3. Landgoed Overste Hof can provide a written quotation for the provision of the services at the request of the client. The quotation is valid for the period included in the quotation. If no term is included in the quotation, the quotation will be valid for ten (10) working days.
3.4. Statements made by Landgoed Overste Hof on a website or otherwise regarding the services are an offer without obligation and are subject to changes and availability.
- Cancellation of meetings and / or meetings whether including hotel rooms and / or adjustment of the numbers of the agreement regarding meetings and / or meetings and / or hotel rooms (except weddings)
4.1 Landgoed Overste Hof applies to its agreement regarding reservations for meetings and / or meetings the cancellation conditions of the uniform conditions for the catering industry, deposited with the Chamber of Commerce and factories in Venlo under number 64563065, with the exception of art. 4.2, which is further described below as a general condition and replaces the uniform conditions for the catering industry article)
4.2 When the agreement is cancelled, the following provisions apply:
- In case of cancellation between 8 months and 6 months before the execution date, the client is obliged to pay 20% of the agreed fee to Landgoed Overste Hof.
- In case of cancellation between 6 months and 2 months before the execution date, the client is obliged to pay 50% of the agreed fee to Landgoed Overste Hof.
- In case of cancellation between 2 months and 40 days before the execution date, the client is obliged to pay 75% of the agreed fee to Landgoed Overste Hof.
4.in case of cancellation between 40 days and 15 days before the execution date, the client is obliged to pay 90% of the agreed fee to Landgoed Overste Hof
- In case of cancellation between 14 days and 8 days before the execution date, the client is obliged to pay 95% of the agreed fee to Landgoed Overste Hof.
- In case of cancellations 7 days or less before the execution date, the client is obliged to pay 100% of the agreed fee to Landgoed Overste Hof.
- It is not possible to use the value involved in the cancellation for other services or at another date or time.
- 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 quotation is based.
Later, it is no longer possible to make changes to the number of guests, in connection with our purchase. The number of guests that is known to us 14 days in advance will be invoiced by us. (this does not apply to weddings)
Cancellation of hotel group bookings (more than three rooms)
4.a.1 Landgoed Overste Hof applies to its agreement with regard to hotel group reservations the cancellation conditions of the uniform conditions for the catering industry, filed with the Chamber of Commerce and factories in Venlo under number 64563065, with the exception of art. which is further described below as a general condition and replaces the uniform conditions for the catering industry article.
4.a.2 If the agreement is cancelled, the following provisions apply:
- In case of cancellation between 8 weeks and 4 weeks before the execution date, the client is obliged to pay 50% of the agreed fee to Landgoed Overste Hof.
- In case of cancellation between 4 weeks and 2 weeks before the execution date, the client is obliged to pay 75% of the agreed fee to Landgoed Overste Hof.
3.In case of cancellation between 2 weeks and 3 days before the execution date, the client is obliged to pay 90% of the agreed fee to Landgoed Overste Hof
- In case of cancellation between 3 days and the day of arrival before the execution date, the client is obliged to pay 100% of the agreed fee to Landgoed Overste Hof.
- It is possible up to 2 weeks before the day of arrival to use the value involved in the cancellation for the same services or at a different date or time. The original value of the initial reservation will be charged immediately upon transfer.
4.b.1 Landgoed Overste Hof applies the following conditions to its agreement regarding weddings, whether including hotel rooms:
- When making a definite reservation for a wedding, we ask for a deposit of
€ 2000, – for weddings with a quotation amount up to € 9000, – and
€ 2500 for quotations with a quotation amount higher than € 9000
- The down payment and / or approval of the quotation counts as a definitive reservation. In case of cancellation of the wedding, the amount of the deposit is non-refundable. The deposit will be converted into a cancellation fee.
- In case of cancellation of the original wedding day, we offer the option to reschedule the wedding within 365 days of the initial date. The advance is 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 offer amount.
- A quotation can in principle be moved to the same day, within the same calendar year, at no extra cost. For example, from a Friday to a Friday. In case 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 provided because only Landgoed Overste Hof cannot fulfil its obligations, the client can claim repayment of the advance. However, costs incurred (and to be incurred) cannot be recovered from Landgoed Overste Hof in such a situation. Think, for example, of a hired DJ, clothing, decoration, car rental, printing, etc.
If the service (the party, the wedding, etc.) cannot be purchased, because only the client is unable or unwilling to purchase the service, there will be no refund of the advance, or costs incurred and / or prepayments. The advance cannot be “moved” or “can be carried” to a later date.
If the service cannot be delivered and cannot be purchased (think of the location suddenly becoming inaccessible, a pandemic, etc.) by the parties and this is through no fault of the parties, the following applies:
The advance paid will not be refunded but will be retained as an advance for a similar event with at least an equal quotation value. This event must take place within 365 days of the initial date. If the parties cannot find a suitable date within this period, the advance will lapse in favour of Landgoed Overste Hof and no refund will be made.
Adjustment of guest numbers
4.c.1 LANDGOED OVERSTESTE HOFhants the following conditions on all its agreement and other reservations:
-Adjustment of guest numbers meetings: The numbers can be adjusted downwards up to 7 days in advance. At a later date, the agreed rate will stand.
– 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 will stand.
– Adjusting guest numbers for weddings: If the guest numbers of the approved quotation are adjusted downwards, this will not affect the quotation amount. Additional guests can be added by agreement at the then current rate.
- Compensation and Payment
5.1 The Client will pay the fee stated in the agreement for the services provided by Landgoed Overste Hof, in the manner indicated in paragraph 4 of this article, unless stipulated otherwise in the agreement.
The Client is aware that Landgoed Overste Hof is entitled to further compensation from these third parties within the framework of its services through so-called affiliation agreements with third parties (kickback fees).
5.2 All fees may undergo changes as a result of unforeseen circumstances at the time of the conclusion of the agreement for Landgoed Overste Hof, including cost increases, changes in the work or a change in the assignment. Unforeseen cost increases include in any event: (a) unforeseen interim statutory prescribed cost price increasing measures; (b) delay caused by the principal’s default. Client is entitled to dissolve the agreement if the change and the compensation are on average more than 8%. Normal price increases due to inflation are included in the offers of Landgoed Overste Hof.
5.3 All fees stated in the agreement include VAT and other government levies, unless otherwise agreed.
5.4 At the conclusion of the agreement with Landgoed Overste Hof, the client must pay 25% of the total offer amount to Landgoed Overste Hof to confirm the reservation, unless stated otherwise. The remaining quotation amount will be invoiced after the event (or otherwise agreed). Definitive numbers and subsequent calculations are, of course, settled here. The down payment must be paid to the bank account number of Landgoed Overste Hof. The correct payment details can be found by the client on the down payment invoice that will be sent when finalizing an event.
5.5 The client is not entitled to set off the amounts owed to Landgoed Overste Hof in any way against amounts owed by Landgoed Overste Hof to the client.
5.6 In the event of late payment, Landgoed Overste Hof has the right: (a) to suspend the provision of the Services without the need for notice of default or notification and (b) the statutory interest plus five percent (5%) in charge on the full amount due from the date on which payment should have taken place until the date on which the amount due was received by Landgoed Overste Hof.
The Client will reimburse all costs incurred by Landgoed Overste Hof in order to collect the amount due, including costs of legal assistance, legal costs and extrajudicial costs, which will cost at least fifteen percent (15%) of the amount due with a minimum of EUR 150. , – will amount.
5.7 The Client must notify Landgoed Overste Hof in writing within 48 hours of receipt of the final invoice, if any objections to the final invoice.
5.8 The Client must object in writing within 48 hours after the performance of the event in the event of any defects in relation to what has been agreed in the order confirmation. A clear description of the objection must be given.
5.9 Client can pass on the final number of guests up to 7 working days before implementation. These numbers will also be invoiced by Landgoed Overste Hof, but a maximum of 10% less will be invoiced. Even if the final numbers are adjusted downwards by more than 10%.
5.10 In the case of a so-called exclusive wedding, no price deviation is possible by means of the adjusted number of people.
- Obligations of Landgoed Overste Hof
6.1 Landgoed Overste Hof will provide the services with due observance of the provisions of the agreement. Landgoed Overste Hof undertakes to perform the agreements in the agreement to the best of its ability.
6.2. Landgoed Overste Hof reserves the right to suspend the provision of services to the client in whole or in part, if the assignment fails attributably in the fulfilment of any obligation under this agreement.
6.3 Landgoed Overste Hof reserves the right to postpone the delivery of the services based on unforeseen circumstances, including but not limited to circumstances of a technical nature. If the delivery of the services is postponed by Landgoed Overste Hof, the compensation for the client will consist of the provision by Landgoed Overste Hof of replacement services to the client, in consultation with the client. However, the client may also decide in this case to dissolve the agreement free of charge.
- 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 to monitor the delivery of the services by Landgoed Overste Hof at the start of the provision of the services and continuously thereafter and to report any shortcomings immediately to Landgoed Overste Hof, failing which the client will be deemed to have accepted the services without reservation. . If the client reports a defect in the services to Landgoed Overste Hof, Landgoed Overste Hof will make every effort 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 that befits society. Among other things, the client and his guests are not permitted to use and / or scatter rice, confetti, serpentine, flower petals and / or similar products at the location. If this does happen, the location will charge € 250.00 extra cleaning costs on the final invoice. The client and his 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 from the competent authority (s). A copy of any permit must be in the possession of Landgoed Overste Hof before the start of the services.
7.4 The client is not permitted to use the services for: (a) making unlawful statements; (b) annoying approaching, threatening or otherwise falling to persons.
7.5 In connection with the high quality of its services pursued by Landgoed Overste Hof, the client will confirm in writing to Landgoed Overste Hof the final number of guests of the client present at the location at least 14 days before the start date of the provision of the services.
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 Landgoed Overste Hof will be passed on in their entirety to the client, without prejudice the right of Landgoed Overste Hof 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 associated with Landgoed Overste Hof, unless stated otherwise. Fines imposed as a result of failure to comply with this prohibition will be charged in full to the client.
- Landgoed Overste Hof facilities
8.1 The Client guarantees that the properties of the facilities made available by Landgoed Overste Hof will remain with Landgoed Overste Hof (unless otherwise agreed in writing) and must third parties who wish to assert rights with regard to the facilities or take measures (such as seizure), immediately of the ownership right of Landgoed Overste Hof and to notify Landgoed Overste Hof accordingly.
8.2 Maintenance, changes or relocations regarding the facilities of Landgoed Overste Hof will only be carried out by Landgoed Overste Hof, or by third parties engaged by Landgoed Overste Hof for this purpose.
8.3 Landgoed Overste Hof has the right to require the client to take out insurance to cover risks. At Landgoed Overste Hof’s first request, the client is obliged to provide access to the relevant policy.
- 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.
- Placing an option for a specific date is only possible after a personal introduction on location and based on a tailor-made quotation based on your wishes and ideas. If we grant an option, it is specifically stated in the quotation that an option has been placed. No verbal commitments are made for options.
- An option is valid for a maximum of 4 days. If another application in the interim period of 4 days for the same date occurs, you will be contacted. You will have to indicate within a period to be agreed upon whether you wish to convert the option into a definitive reservation. An option is extended a maximum of once. Whether extending an expiring option is possible will be decided by Overste hof estate assessed.
- Changing a previously made schedule on the day/moment will only be approved in consultation with the manager on duty. The end time of a wedding should be announced at least 4 weeks in advance. The additional costs outside the arrangement time of 12 hours, amount to 500 Euro per hour.5. Confetti is allowed at our location. However, we charge cleaning costs for cleaning up the confetti. The costs are € 250 per time, per space.
- Please take care of decorations / decoration in one of our rooms or (there) outside. Please also remove the decorations / decoration the next day (before 11:00 am). If this is not done, we are forced to charge the costs of tidying up / cleaning. These costs are € 250.
- A smoke machine is not allowed in our building.
- 14 days in advance we must receive menu choices and the final number of guests.
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 quotation is based.
At a later time, it is no longer possible to make changes to the number of guests, in connection with our purchase. The number of guests that is known to us 14 days in advance will be invoiced by us. With the exception of Exclusive Weddings.
- If you have rented hotel rooms, we would like to receive the completed room list 14 days in advance, so that we can arrange a smooth and correct check-in for your guests.
- 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 examined for each claim, with a minimum of € 250 per claim.
- Our Uniform Conditions for the Hotel and Catering Industry apply to all our services. If desired, we can send you a copy of this.
- Normally the spaces for building up and decorating are available from 11:00 on the day itself. In consultation it is possible to decorate the day in advance.
- You can park on the site of Landgoed Overste Hof. Landgoed Overste Hof is not liable for any damage and / or theft.
- It is not allowed to use the hotel rooms with more than the number of persons reserved for that room.
- If damage is caused to the property of Landgoed Overste Hof, we will initially recover this from the organizer / the undersigned of the offer.
- The disc jockey set-up cannot be phased out after the party. The dismantling can only be done the next day between 08:00 and 12:00 or in consultation.
- All prices include VAT, unless stated otherwise.
Landgoed Overste Hof will provide the services and process the client’s data in accordance with the Personal Data Protection Act.
- Confidentiality and Prohibition of Disclosure
11.1 The client will keep confidential the existence, nature and content of the agreement, of an offer that has been or will be issued by Landgoed Overste Hof and / or of any legal act that has been or is being performed by / on behalf of Landgoed Overste Hof, as well as other company information. and do not disclose anything about this without written permission from Landgoed Overste Hof.
11.2 In case of violation of the provisions of paragraph 1 of this article, the client forfeits a fine of Euro 10,000.00 per event, which penalty is immediately due and payable. Landgoed Overste Hof reserves the right to claim full compensation from the client.
- Liability and Indemnity
12.1 Landgoed Overste Hof is never liable for any direct or indirect damage, including but not limited to consequential damage, interruption damage, delay damage, loss of orders, loss of profit and processing costs of the client, its guests or third parties, in connection with or arising from the agreement or the services, unless this damage was caused by demonstrable intent or gross negligence on the part of Landgoed Overste Hof
12.2 Without prejudice to what is stipulated elsewhere in the general terms and conditions, the liability of Landgoed Overste Hof towards the client, for whatever reason, per event (whereby a coherent series of events counts as one event) is limited to that by the client to Landgoed Overste Hof fee paid for the agreed services (including VAT). `This compensation must be related to the extent to which Landgoed Overste Hof would have failed. Slight deviations in the range of services do not entitle to compensation.
12.3 The client, his guests and / or third parties engaged by the client on behalf of the client are jointly and severally liable for all damage that is and / or will arise for Landgoed Overste Hof or any third party as a direct or indirect result of an attributable shortcoming and / or wrongful act, including violation of the house rules, committed by the client, its 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 anything of which they are the holder or under their control. are supervised.
12.4 Landgoed Overste Hof is not liable for damage to or loss of goods that have been brought to the location by a guest of the client and / or a third party engaged by or on behalf of the client.
The client indemnifies Landgoed Overste Hof against claims from guests and / or third parties engaged by or on behalf of the client in this regard.
- Term of termination and dissolution
13.1 The Agreement between Landgoed Overste Hof and the client is concluded for the date and / or dates stated in the agreement and for the Location stated in the agreement.
13.2. Landgoed Overste Hof is entitled to terminate the agreement in writing with immediate effect without stating reasons if the client (a) is not considered creditworthy by Landgoed Overste Hof and / or (b) if the client fails to fulfil one or more of the obligations under the agreement or does not fully comply.
13.3. The parties are furthermore entitled to dissolve the agreement 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 filed for: (c) the other party has been granted a moratorium. payment has been made: (d) a moratorium has been applied for the other party; (e) 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 fails to do anything that seriously damages the good name and / or legitimate interests of the first party such that it cannot reasonably be expected that the agreement is continued.
13.4. In addition, Landgoed Overste Hof is entitled, after consultation with the local competent authority, to immediately dissolve the agreement due to well-founded fear of disruption of public order. If Landgoed Overste Hof makes use of this authority, Landgoed Overste Hof will not be obliged to pay any compensation
13.5 If one or more cases as referred to in paragraphs 2, 3 and 4 of this articles occur, all claims that Landgoed Overste Hof and the Client has are immediately and unconditionally due and payable.
- Force majeure
The parties are not obliged to fulfil one or more obligations under the agreement if they are prevented from doing so as a result of force majeure. Force majeure also includes natural disasters, wars, a non-attributable shortcoming of third parties or suppliers engaged by Landgoed Overste Hof, the temporary non-availability or insufficient availability of facilities and / or services, hardware, software and / or internet or other telecommunication connections. benefit and client where the cause is beyond the control of Landgoed Overste Hof, as well as any other situation over which Landgoed Overste Hof cannot exercise (decisive) control. In the event of a situation of force majeure, the parties are not obliged to compensate any damage caused by the other party as a result of the situation of force majeure.
- Intellectual Property
15.1 The intellectual property rights to all services that Landgoed Overste Hof provides or makes available in the context of the agreement remain with Landgoed Overste Hof or its licensors. To the extent necessary for the use of the services by the client, Landgoed Overste Hof grants 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 to Landgoed Overste Hof in the context of the agreement remain with the client or its license details.
To the extent necessary for the provision of the services by Landgoed Overste Hof, the client grants Landgoed Overste Hof a limited, non-exclusive, non-transferable right to use the intellectual property rights.
15.3 The client indemnifies Landgoed Overste Hof against all claims from third parties and ensuing claims from third parties that relate to the use by Landgoed Overste Hof of the materials and information provided by the client to Landgoed Overste Hof and the intellectual property rights resting thereon.
16.1 The primary contact with relations of Landgoed Overste Hof takes place exclusively through Landgoed Overste Hof. The client is only entitled to contact directly with relations of Landgoed Overste Hof, or to inform these relations and / or third parties directly or indirectly that the relation is (indirectly) also the client of the client, if explicit prior written permission has been obtained for this. Landgoed Overste Hof has been acquired
16.2. Landgoed Overste Hof is entitled to offer its services to several clients from one sector. If the client requires sector exclusivity from Landgoed Overste Hof, Landgoed Overste Hof will require reasonable compensation from the client for this.
- Transfer of Obligations
17.1 The Client can only transfer (part of) the obligations under the agreement to a third party with the prior written consent of Landgoed Overste Hof. Conditions may be attached to this permission.
17.2 In the relationship with third parties that are hired by the client or Landgoed Overste Hof at the request of the client and after permission from Landgoed Overste Hof, the cancellation conditions of these third parties apply.
17.3 Landgoed Overste Hof may transfer its rights and obligations under the agreements to third parties without the prior written consent of the client. Landgoed Overste Hof will notify the Client in writing of such a transfer.
18.1 The contents of the agreement and the general terms and conditions jointly determine the legal relationship between the parties and replace all previously made agreements, both oral and written, between the parties regarding the subject of the agreement.
18.2 Landgoed Overste Hof may engage third parties in the performance of the agreement at its own discretion.
18.3. Invalidity of one or more parts of the general terms and conditions does not affect the validity of the other part of these terms and conditions. If one or more parts of the general terms and conditions should prove to be void, the parties with the void part (s) are closest.
- Applicable law and competent court
19.1 To every agreement to which Landgoed Overste Hof is a party, to every quotation issued by Landgoed Overste Hof and / or to any legal act performed by / on behalf of Landgoed Overste Hof, Dutch law is exclusively applicable.
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 by means of proper consultation.
19.3. All disputes to which Landgoed Overste Hof is a direct or indirect party, will be decided exclusively by the competent court in.