General terms and conditions - Dinner in the Sky Netherlands

General terms and conditions Dinner in the Sky Netherlands

Article 1. Definitions

Dinner in the Sky: Dinner in the Sky Nederland B.V., established in (2291 JR) Wateringen at De blauwe Alicante 9, registered in the trade register of the Chamber of Commerce under number 94739862 and bears VAT identification number NL866877472B01.
Client: the other party of Dinner in the Sky to an Agreement, being: Business Client: the natural or legal person acting in the exercise of a profession or business.
Consumer: the natural person not acting in the exercise of a profession or business.
Parties: Dinner in the Sky and Client jointly.
Agreement: any Agreement purporting to organize and perform a Service by Dinner in the Sky.
Services: Any activity offered or performed by Dinner in the Sky, conducted using an attraction. This includes, without limitation, organizing and facilitating culinary experiences, film screenings, wedding ceremonies and other events, as well as all related support services and facilities.
Conditions: these general terms and conditions.

Article 2. Applicability

These Terms and Conditions apply to all offers, quotations, orders and agreements between Dinner in the Sky and Client, unless otherwise expressly agreed in writing.
These Conditions also apply to agreements made with or via (or by mediation of) official (pre)sales addresses designated by Dinner in the Sky.
General terms and conditions of the Client are expressly rejected. These apply only if accepted by Dinner in the Sky in writing.
Dinner in the Sky has the right to unilaterally change or supplement these Conditions. Dinner in the Sky will then inform the Customer.
Rights of a Party under the Agreement cannot be transferred without the prior written consent of the other Party. This provision counts as a clause with effect under property law as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 3. Quotations and offers

Dinner in the Sky's quotations are valid for fourteen (14) days unless another acceptance period is specified in the quotation. Dinner in the Sky is bound to the quotation only if the Client accepts it unchanged in writing within the specified period. The Client is entitled to change the hours and location of the event only with the express consent of Dinner in the Sky.
The prices in the aforementioned quotations addressed to the Business Customer are exclusive of the VAT payable and other government levies, as well as any costs to be incurred in connection with the Agreement, including travel expenses, shipping and

and offers addressed to the Consumer are inclusive of VAT due. If during the execution of the Agreement by Dinner in the Sky a price increase occurs due to factors beyond the responsibility of Dinner in the Sky, this price increase will be passed on.
Dinner in the Sky cannot be held to the quotation if it, or any part thereof, contains an obvious mistake or clerical error.
In case of discrepancies between these Conditions and the text of the quotation, the text of the quotation shall prevail.
Quotations and the terms described therein do not automatically apply to future Agreements, including those involving similar Services.
The Agreement between the Parties is established by written acceptance of the quotation by the Client. Dinner in the Sky is free to prove that the Agreement was established by other means.
The Agreement between Dinner in the Sky and the Consumer is established at the moment the Consumer purchases one or more admission tickets for the Service from Dinner in the Sky or from an official (advance) sales address designated by Dinner in the Sky for that purpose.
Dimensions and such information given in offers or on the website must be read in such a way that the Customer must take small deviations into account and do not give cause for complaint. Deviations of the hired goods from the images, measurements, description, drawings in the documents sent by Dinner in the Sky or on the website will never give cause for a complaint.

Article 4. Payment, statutory (commercial) interest and collection costs

Payment is to be made in Dutch currency by transfer to a checking account specified by Dinner in the Sky. The date of receipt is considered the day of payment.
At the conclusion of the Agreement, the Client may be requested to provide security for the fulfillment of its obligations under the Agreement.
If Client is a Business Client, the invoice must be paid in advance, unless Dinner in the Sky has authorized payment by invoice in writing within ten (10) days of the invoice date.
If Client is a Consumer, at the conclusion of the agreement it may be requested to pay up to 50% in advance.
Client must notify Dinner in the Sky in writing of any objections to the invoice within ten (10) days of the invoice date. If the Client does not respond within this period, the invoice will be deemed to have been approved. Objections to the amount of invoices do not suspend the obligation to pay.
After the due date of the invoice Client is legally in default and Dinner in the Sky has the right to charge legal (commercial) interest and extrajudicial collection costs without further notice or demand. If the Customer is a Consumer, a reminder will first be sent, with notification of the extrajudicial collection costs according to the scale of extrajudicial collection costs (BIK). The provisions of Article 6:44 of the Dutch Civil Code apply to payments made after the default has occurred.

In the event of the liquidation, bankruptcy, attachment or suspension of the Client, the claims of Dinner in the Sky on the Client shall be immediately due and payable in full.
The Client is never entitled to suspend payment or set off against the amount it owes Dinner in the Sky and/or a claim against Dinner in the Sky.
If the Client has not or not completely fulfilled its payment obligations after expiry of the deadline, Dinner in the Sky will be entitled to bring a legal action against the Client. All judicial and/or execution costs incurred by Dinner in the Sky as a result of the Client's non-compliance will then also be borne by the Client.

Article 5. Investigations and complaints

The Client is obliged to report any complaint regarding the execution of the Agreement by Dinner in the Sky in writing to Dinner in the Sky immediately after detection but at the latest within eight (8) days after execution of the Agreement. If the Client fails to do so, Dinner in the Sky will be deemed to have fulfilled its obligations.
If the Client has not reasonably been able to discover a possible defect or shortcoming within the term stated in the preceding paragraph, the Client is obliged to immediately inform Dinner in the Sky in writing of the defect or shortcoming, at the latest within two (2) months from the moment that the Client could reasonably have discovered the defect or shortcoming. Thereafter, the Client may no longer validly invoke any shortcomings or defects and Dinner in the Sky is no longer liable for the damage suffered by the Client.
The notification must contain as detailed a description as possible of the defect, so that Dinner in the Sky is able to respond adequately. Minor deviations in quality or quantity, deemed permissible in the industry or technically unavoidable, cannot constitute grounds for complaints.
Client must give Dinner in the Sky the opportunity to investigate a complaint (or have it investigated).
If a complaint is justified, Client will give Dinner in the Sky the opportunity to still provide the Services as agreed upon within a reasonable period of time.
If a complaint is unfounded, the costs thereby incurred, including research costs on the part of Dinner in the Sky, will be borne in full by the Client.
If Client complains in a timely manner, this does not suspend his payment obligation.
A claim due to defective services rendered may be brought in court up to 12 months after reporting the complaint under the condition that the complaint was reported within the stipulated period.

Article 6. Termination and cancellation

If the Agreement is cancelled by Client, if Client is a Business Client, Dinner in the Sky is entitled to charge the following fees:

for cancellation up to three (3) months before the date of performance, 25% of the total cost will be charged;
for cancellation up to two (2) months before the date of performance, 50% of the total cost will be charged;
for cancellation up to one (1) month before the date of performance, 75% of the total cost will be charged;
for cancellation less than one (1) month before the date of performance, 100% of the total cost will be charged.

Cancellations can only be made in writing and must be expressly confirmed by Dinner in the Sky.
After purchasing an admission ticket online, the Consumer cannot invoke the right of withdrawal (Art. 6:230p sub e BW). This right of withdrawal does not apply to leisure services with a fixed date or period. Cancellation after purchase is therefore not possible.

Article 7. Suspension and dissolution

Dinner in the Sky is in any case authorized to suspend the fulfillment of its obligations or to dissolve the Agreement, if: Client does not, not fully or not timely comply with the obligations under Agreement; or
after the conclusion of the Agreement Dinner in the Sky has good reason to fear that the Client will not fulfil its obligations. If there are good grounds to fear that the Client will only partially or improperly fulfil its obligations, suspension will only be permitted to the extent justified by the shortcoming; or
Client was requested at the conclusion of the Order to provide security for the fulfillment of its obligations under the Order c.q. make a down payment and this security c.q. down payment fails to materialize or is insufficient; or
circumstances arise which are of such a nature that fulfillment of the commission becomes impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise which are of such a nature that unaltered maintenance of the commission can no longer be reasonably expected.
In the event of termination or dissolution by Dinner in the Sky, all claims of Dinner in the Sky on the Client shall be immediately due and payable. If Dinner in the Sky suspends fulfilment of its obligations, it retains its claims from the order and the law.
Dinner in the Sky always reserves the right to claim damages.

Article 8. Liability

Dinner in the Sky is not liable for damages, of any kind, incurred because Dinner in the Sky has relied on incorrect and/or incomplete data provided by or on behalf of the Client.
Dinner in the Sky is liable only for shortcomings in the performance of the Agreement resulting from carelessness and incompetence in providing advice and performing the Agreement.

Dinner in the Sky is furthermore exclusively liable for direct damage. Direct damage is exclusively understood to mean the reasonable costs incurred to establish the cause and extent of the damage, insofar as the establishment relates to damage in the sense of these Conditions, any reasonable costs incurred to have the faulty performance of Dinner in the Sky (insofar as these can be attributed to Dinner in the Sky) comply with the Agreement, and reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs have led to the limitation of direct damage as referred to in these Conditions.
If Client is a Business Client, any liability of Dinner in the Sky arising from or related to the execution of the Agreement is limited to the invoice amount for the Agreement to which the liability relates. In the case of an Agreement with a term longer than six months, liability is further limited to the invoice amount payable for the last six months to which the liability relates. The total liability will in no case exceed the applicable limits under the professional liability insurance taken out by Dinner in the Sky.
If the Client is a Consumer, any liability of Dinner in the Sky for damage arising from or related to the execution of an Agreement is always limited to the amount paid out by a (professional) liability insurance taken out, increased by the amount of excess and in the absence of payment by an insurance company of the amount of damage or in the absence of liability insurance the liability is limited to the (part of the) invoice amount for the last six (6) months to which the liability relates, with a maximum of € 20,000.
Dinner in the Sky is not liable for indirect damages, including in any case consequential damages, lost profits and missed savings.
Client is liable for damage caused by Dinner in the Sky and/or persons engaged by it under the Agreement while on Client's premises or in Client's buildings, unless the damage is caused by Dinner in the Sky and/or persons engaged by it under the Agreement.
Client is not liable for damage to the subsurface or surrounding area.
Dinner in the Sky is not liable for any damages of any kind incurred by Client in the event of or as a result of termination or dissolution of the Agreement.

Article 9. Force Majeure

In cases of force majeure, Dinner in the Sky has the right to cancel the event or reschedule for another date.
The term "force majeure" as referred to in this article shall include all unforeseen circumstances beyond the fault or control of Dinner in the Sky such as weather conditions, epidemics, strikes, global health problems, terrorist threats, default and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, government measures, unforeseen transportation problems and work stoppages.

If a force majeure situation arises which prevents Dinner in the Sky from fulfilling one or more obligations to the Client, those obligations will be suspended until Dinner in the Sky can again fulfill them.
If Dinner in the Sky has already partially fulfilled its obligations at the onset of force majeure or can only partially fulfill its obligations, Dinner in the Sky is authorized to separately invoice the part of the Agreement already performed, respectively the part to be performed.

Article 10. Expiration clause

To the extent not otherwise provided in these Terms and Conditions, legal claims and other powers of Client on any basis whatsoever against Dinner in the Sky in connection with the performance of the Services shall in any event expire after one (1) year after the legal claim arose and became known to Client, without prejudice to the possibility of earlier expiration or of prescription in accordance with the law.

Article 11. Applicable law and competent court

Any Agreement between the Parties shall be governed exclusively by Dutch law.
Disputes between Dinner in the Sky and the Consumer, will be submitted to the competent court in the district where the Consumer is domiciled.
Disputes between Dinner in the Sky and the Business Customer, will be submitted to the competent court in the district where Dinner in the Sky is located, unless otherwise required by law.

Special provisions Business customer

Article 12. Conditions location

The site must have a flat, paved and firm surface. If the surface is unpaved, driving plates must be available on the approach route, maneuvering areas and location itself. Dinner in to Sky's tow vehicle will not enter an unpaved surface without driving plates.
The location must provide adequate space for set-up, execution and dismantling, in accordance with the requirements in the Agreement. All required materials, including associated equipment, must be able to be delivered to the location by tractor and trailer. The Client must ensure that access roads are clear and suitable for a crane, trucks, tractor, trailer and any other vehicles.
The required power supply must be fully operational upon arrival and must remain connected until departure. Dinner in the Sky does not have extension cords.
If, due to circumstances caused by the Client, the material cannot be assembled within the agreed time (e.g. due to lack of power, inaccessible location, insufficient assistance), additional hours will be charged at €275 excluding VAT per hour.

Article 13. Event conditions

Client is responsible for obtaining the necessary permits and approvals from municipal and other appropriate authorities required for the construction and execution of the event. If necessary, Dinner in the Sky will submit the application

The Client shall provide Dinner in the Sky with access to said permits and all relevant permit conditions (if any) and/or provide a copy thereof to Dinner in the Sky.
Client is not entitled to rent the rented attraction to third parties.
Client agrees to treat Dinner in the Sky materials as a prudent and reasonable person. The material must be returned in the same condition in which it was placed. Any cleaning and repair costs, will be charged to Client.
The cost and performance of erecting the required fences around the site shall be the sole responsibility of Client.
Client must provide suitable parking near the location for Dinner in the Sky's vehicles. Associated costs will be the responsibility of Client. If no parking spaces are available, any resulting fines will be the full responsibility of Client.
Dinner in the Sky reserves the right to offer an alternative to the performance of the event in the event of force majeure, or for any reason. This will not affect the total price of the Agreement.
If weather conditions do not allow the use of transparent tarpaulins (e.g. temperature below 10C), Dinner in the Sky reserves the right to use a different color tarpaulin. This will not affect the total price of the Agreement.
Dinner in the Sky is not liable for any errors, shortcomings or damages caused by its subcontractors.
The final decision on the safety of the event rests with Dinner in the Sky at all times. There can be no discussion about this.
Client shall ensure that adequate food and beverages are provided to Dinner in the Sky staff throughout the duration of the event.