The private company Strand Exploitatie “Zeezicht” B.V. (hereinafter: “Zeezicht”) is registered with the
Chamber of Commerce under number 27076928 and is located at Zeekant 92C (2586JB) in 's-
The Hague.
PART 1 - GENERAL TERMS AND CONDITIONS FOR THE HOSPITALITY INDUSTRY
Article 1- Terms
1. In these terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise.
2. Offer: any offer or quote to the Client to rent out the Rented Property and/or the
provision of Services and/or Activities by “Zeezicht”.
3. Company: The natural or legal person acting in the exercise of a profession or business.
4. Consumer: The natural person who is not acting in the exercise of a profession or business.
5. Services: the Services that “Sea View” offers are the rental of various spaces in a broad sense,
as well as offering various workshops, providing food and drink arrangements, the
using artists/DJs and offering photo and videography services.
6. “Sea View”: the supplier of a product, the service provider that offers Services to the Client
and/or the contractor who has others carry out the work independently or under his direction.
7. Client: the Company or Consumer who has appointed “Sea View” for Services provided by “Sea View”, or to which “Sea View” has made a proposal under an Agreement.
6. Rented: the movable property that is rented out by the Landlord.
7. Tenant: the natural or legal person acting in the exercise of a profession or business who has a
Agreement (remotely) enters into with “Sea View” for the rental of the Rented Property.
8. Agreement: any Agreement and other obligations between Client and “Zeezicht”,
as well as proposals from “Sea View” for Services that are provided to the Client by “Zeezicht” and that are accepted by the Client and have been accepted and executed by “Zeezicht”, making these general terms and conditions an inseparable whole.
9. Activities: The Activities that “Sea View” offers are all (supporting)
Activities in the broadest sense of the word within the construction and dismantling of the party café and the
(any) other Activities that have been carried out on behalf of the Client.
10. Artist/DJ: someone who uses their creative talents to make art and/or makes music.
11. Performance: an event or otherwise for which the Client wishes to hire, or has hired, an artist/DJ.
12. Artist Agreement: the (written) agreement between “Zeezicht” and a third party regarding (a) booked Performance (s) by the Artist.
13. Staff: employees employed by a company or institution and/or freelancers.
14. Website: https://www.zeezicht.nl
Article 2- Applicability
1. These terms and conditions apply to every “Sea View” Offer, each Agreement
between “Zeezicht” and Client and on each rental, Service and/or work provided by “Zeezicht”
is offered.
2. Before an Agreement is concluded, the Client will have these general terms and conditions at its disposal. If this is not reasonably possible, “Zeezicht” will indicate to the Client how the Client can view the general terms and conditions.
3. Deviation from these general terms and conditions is not possible. In exceptional situations, the
general terms and conditions are waived insofar as this is explicitly and in writing with “Zeezicht”
agreed.
4. These general terms and conditions also apply to additional, amended and follow-up orders from the Client.
5. The Client's general terms and conditions are excluded.
6. If one or more provisions of these general terms and conditions are partially or completely null and void or are annulled, the other provisions of these general terms and conditions will remain in effect, and the nullified/annulled provision (s) will be replaced by a provision with the same meaning as the original provision.
7. Uncertainties about the content, explanation or situations that are not regulated in this general
terms and conditions, should be reviewed and interpreted in the spirit of these terms and conditions.
8. The applicability of articles 7:404 of the Dutch Civil Code and 7:407 paragraph 2 of the Dutch Civil Code is explicitly excluded.
9. If reference is made to she/her in these general terms and conditions, this should also be understood as a reference to he/him/her, if and to the extent applicable.
10. In the event that “Zeezicht” has not always required compliance with these general terms and conditions, it remains entitled to demand full or partial compliance with these general terms and conditions.
11. These general terms and conditions apply from the moment that a Client
is located at the location of “Zeezicht”.
Article 3- The Offer
1. All offers made by “Zeezicht” are free of charge and subject to stock, unless explicitly stated otherwise in writing. If the Offer is limited or under specific
terms and conditions are valid, this is expressly stated in the Offer.
2. “Sea View” is only bound to an Offer if it is confirmed in writing by the Client within 7 days. Nevertheless, “Sea View” has the right to enter into an Agreement with a (potential)
To refuse the Client for a good reason for “Sea View”.
3. The offer contains a description of the Services offered. The description is sufficient
specified, so that the Client is able to make a good assessment of the offer.
Any information in the offer is only an indication and cannot be a reason for any
compensation or termination of the Agreement.
4. Offers or quotes do not automatically apply to follow-up orders.
5. Delivery times in the “Sea View” offer are in principle indicative and provide the Client with
exceeding it, no right to dissolution or compensation, unless otherwise expressly stated.
agreed.
Article 4- Conclusion of the Agreement
1. The Agreement is concluded when the Client makes an Offer or Agreement
has accepted “Zeezicht” by returning a signed copy (scanned or original) to “Zeezicht”, or explicitly and unequivocally agreeing to the Offer by e-mail, or because “Zeezicht” actually executes the Agreement.
2. “Sea View” has the right to cancel the (signed) Agreement within 5 business days after
receipt of acceptance.
3. “Sea View” is not bound to an Offer if the Client could reasonably have been able to
expected or should have understood or should understand that the Offer contains an obvious mistake or error. The Client cannot derive any rights from this mistake or overwriting.
4. If the Client cancels an order that has already been confirmed, they will already be effective
costs incurred (including time spent) charged to the Client.
5. Any Agreement entered into with “Zeezicht” or a project that is entered into by the Client to
“Seaview” is awarded, owned by the company and not by an individual person associated with “Sea View”.
6. The Client's right of withdrawal is excluded, unless otherwise agreed.
7. If the Agreement is entered into by multiple Clients, each Client is
separately jointly and severally liable for compliance with all resulting from the Agreement
obligations.
8. A (hospitality) Agreement entered into by intermediaries, whether or not on behalf of their relationship (s),
are deemed also to have been closed at the expense and risk of these intermediaries. The one in question
guest (s) and the intermediary (s) are each jointly and severally liable for payment of the
due under the Agreement.
9. Up to one week before the reservation, any adjustments can be made and processed.
After that, unless otherwise agreed, any change is no longer possible.
Article 5- Duration of the Agreement
1. The Agreement is entered into for the duration as stated in the offer, unless otherwise
agreed.
2. Both Client and “Zeezicht” can terminate the Agreement on the basis of an attributable shortcoming in the fulfillment of the Agreement if the other party has been given notice of default in writing and has been given a reasonable period of time to fulfill its obligations and it still fails to fulfill its obligations correctly. This also includes the Client's payment and cooperation obligations.
3. The termination of the Agreement does not affect the Client's payment obligations insofar as “Zeezicht” has already carried out work or provided performance at the time of dissolution. Client must pay the agreed fee.
4. In the event of an early termination of the Agreement, the Client is the one until then
actual costs incurred due from “Zeezicht” at the agreed (hourly) rate. The
Time registration for “Zeezicht” is leading here.
5. Both Client and “Zeezicht” can terminate the Agreement in whole or in part in writing with immediate effect without further notice in case one of the parties is in suspension of
payment has been made, bankruptcy has been filed or the company concerned ends due to liquidation.
If a situation as mentioned above occurs, “Seaview” is never obliged to refund
of funds already received and/or compensation.
Article 6- Performance of the service
1. “Seaview” will make every effort to perform the agreed service with the utmost care as may be required of a good service provider. “Zeezicht” guarantees professional and independent service. All Services are performed on the basis of an obligation to make an effort, unless a result has been explicitly agreed in writing that has been described in detail.
2. The Agreement on the basis of which “Sea View” performs the Services determines the scope and scope of the service. The Agreement will only be executed for the benefit of
Client. Third parties cannot derive any rights from the content of the Services performed in
connection with the Agreement.
3. The information and data provided by the Client are the basis on which the information and data provided by “Zeezicht”
Services offered and prices are based. “Zeezicht” has the right to adjust its services and prices if the information provided appears to be incorrect and/or incomplete.
4. When performing the Services, “Sea View” is not obliged or obliged to follow the instructions of
To follow up with the Client if this results in the content or scope of the agreed Services
is amended. If the instructions provide further work for “Sea View”,
Client is obliged to reimburse the additional additional costs accordingly on
basis of a new quote.
5. “Sea View” is entitled to use third parties at its own discretion to perform the Services
switch.
6. If the nature and duration of the assignment so require, “Zeezicht” will keep the Client informed of progress in the meantime in the agreed manner.
7. The performance of the Services is based on the information provided by the Client. If the information needs to be changed, this may have consequences for any established schedule. “Zeezicht” is never liable for adjusting the schedule. If the commencement, progress or delivery of the Services is delayed because, for example, the Client has failed to provide all requested information or did not provide all requested information in the desired format, does not cooperate sufficiently, any advance has not been received in time by “Zeezicht” or, due to other circumstances at the Client's expense and risk, there is a delay, “Zeezicht” is entitled to a reasonable extension of the (up) delivery period. All damage and additional costs as a result of delay due to a cause such as those mentioned above are at the expense and risk of the Client.
8. “Sea View” is entitled, at any time and without any notice period, to provide hospitality services to a
to terminate or suspend guest if the Client violates the house and/or rules of conduct, or otherwise behaves in such a way that the order and peace of mind in “Sea View” and/or normal operation
this is disrupted. The client is then obliged to leave “Sea View” at first request. It is solely at the discretion of “Sea View” to carry out such measures.
9. “Sea View” is entitled to the Agreement because of a well-founded fear of disrupting the public
order immediately, and without judicial intervention, without being obliged to reimburse any damage suffered or suffered by the Client.
10. “Sea View” is not obliged to receive and/or store any goods from the Client.
“Zeezicht” is therefore not responsible and/or liable for damage, loss or theft of any property owned by the Client, which “Zeezicht” has refused to receive and/or store, unless otherwise agreed in writing and for compensation.
11. “Sea View” is not mandatory to allow pets and may attach conditions to admission. The applicable laws and regulations apply to the admission of assistance dogs.
12. If the Client has made a reservation and does not appear later than half an hour at the agreed reserved time without notice, the Client's reservation will expire.
13. In connection with weather conditions, “Zeezicht” is at all times authorized to give the Client a
to offer an alternative, including (but not limited to) setting up a tent,
without the Client being entitled to a refund of funds already paid. In the worst case, this also includes moving the reservation due to capacity problems.
14. Client is aware that “Zeezicht” must comply with applicable laws and
regulations including noise restrictions, opening hours and other matters. Requests from the Client that exceed such legal provisions cannot be executed.
Article 7- Client obligations
1. Client is obliged to provide all information requested by “Zeezicht” as well as relevant attachments and
providing related information and data in time and/or before the start of the work and in the desired form for the correct and efficient execution of the failure thereof, it is possible that “Zeezicht” is not able to fully implement and/or deliver the relevant documents. The consequences of such a situation are at the expense and risk of the Client at all times.
2. “Zeezicht” is not obliged to check the accuracy and/or completeness of the information provided to it or to update the Client with regard to the information if it has changed over time, nor is “Zeezicht” responsible for the accuracy and completeness of the information compiled by “Zeezicht” for third parties and/or provided to third parties under the Agreement.
3. “Sea View” may, if necessary for the implementation of the Agreement, request additional information. Failing this, “Zeezicht” is entitled to suspend its work until the information has been received, without being obliged to pay any compensation to the Client for whatever reason. In the event of changed circumstances, the Client must notify “Zeezicht” immediately, or no later than 3 working days after the change has become known.
4. Client is obliged to always comply with the applicable house and conduct rules of “Zeezicht”
keep, and will always follow the reasonable instructions of “Sea View”. The house and/or rules of conduct
are always provided orally, and are also visible in a visible place. In the
the context of safety, identification, food safety/hygiene and limiting nuisance is
The client is obliged to cooperate with this.
Article 8- Advice
1. “Sea View” can, if instructed to do so, prepare advice, plan of action, design, reporting, planning and/or reporting for the service. Its content is not binding and is only advisory in nature, but “Zeezicht” will observe its duties of care. The Client decides for itself and at its own responsibility whether to follow the advice.
2. The advice provided by “Zeezicht”, in whatever form, can never be regarded as binding advice.
3. At the first request of “Zeezicht”, the Client is obliged to make proposals it provides
review. If “Zeezicht” is delayed in its work, because the Client does not or does not timely assess a proposal made by “Zeezicht”, the Client is at all times responsible for the consequences resulting from this, such as delay.
4. The nature of the service means that the result is always dependent on
external factors that may influence the advice of “Zeezicht”, such as the quality, accuracy and timely delivery of the necessary information and data from the Client and its employees and/or guests and/or co-participants. The Client is responsible for the quality and for the timely and correct delivery of the necessary data and information.
5. The Client will “Zeezicht” in writing prior to the start of the work all
report circumstances that are or may be important, including any points and priorities that Client wishes attention to.
Article 9 - Alcohol consumption
1. When consuming alcoholic beverages, the legal minimum age applies.
2. Alcohol can be a risk to human health, the statements of “Sea View” and hair
representatives such as “Enjoy in moderation” and “Nix18” should therefore never be consulted as medical advice
be interpreted. If in doubt, contact a doctor or a dietician.
3. Alcohol should only be used orally.
Article 10 - Additional activities and changes
1. If, during the execution of the Agreement, it appears that the Agreement needs to be amended
become, or, at the request of the Client, further work is necessary to achieve the desired
In order to achieve results from the Client, the Client is obliged to reimburse these additional activities at the agreed rate.” “Zeezicht” is not obliged to comply with this request, and may require the Client to conclude a separate Agreement and/or be referred to an authorized third party for this purpose.
2. If the additional work is the result of the negligence of “Sea View”, “Sea View” a
has made a wrong assessment whether the work in question could have been unreasonable
provided, these costs will not be charged to the Client.
Article 11- Prices and payment
1. All prices are in principle exclusive of turnover tax (VAT), unless otherwise agreed.
2. “Zeezicht” provides its services in accordance with the agreed hourly rate. The costs of
activities are calculated afterwards on the basis of the ones drawn up by “Seaview”
time registration (subsequent calculation).
3. Travel time for the benefit of the Client and travel-related costs will be charged to the Client.
4. The Client is obliged to pay the costs of third parties, which, after the Client's approval, by
“Sea View” are used, fully reimbursed unless otherwise expressly agreed.
5. The parties can agree that the Client must pay an advance or deposit.
If an advance or deposit has been agreed, the Client must pay the advance/deposit
deposit to be paid before the start of the performance of the service. To do this, the Client can provide its information upon request, including making a printout or copy of the Client's credit card, in order to ensure the deposit and the possibility of extracting it as much as possible. “Seaview” is allowed to settle the bill against the deposit/deposit.
6. The client cannot derive any rights or expectations from a pre-issued budget, unless the parties have expressly agreed otherwise.
7. “Sea View” is entitled to increase the applicable prices and rates annually in accordance with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as they are expressly set out in the Agreement.
8. If a turnover guarantee has been issued by the Client, the Client is obliged to pay the turnover guarantee included in the Agreement.
9. The client must pay these costs suddenly, without settlement or suspension, within the specified
payment term as stated on the invoice to be paid to the account number and details of “Zeezicht” made known to her.
10. In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or request for payment against the Client, the payment and all other obligations of the Client under the Agreement become immediately due and payable.
11. The Client is prohibited from eating and/or drinking himself at the location of “Zeezicht”, including the terrace, unless otherwise agreed. If and insofar as “Seaview” allows, she may attach further conditions, such as paying a further fee.
Article 12- Collection policy
1. When the Client does not meet its payment obligation, and not within the scope of its payment obligation
the stated payment period has complied with its obligation, is the Client being a Company of
in default by law. The Client, being a Consumer, will first send a written reminder
received with a period of 14 days from the date of the reminder, still to the
to pay the payment obligation including the administrative costs, including a statement of the
extrajudicial costs if the Consumer does not meet its obligations within that period,
before she falls into default.
2. From the date that the Client is in default, “Zeezicht” will be entitled to the statutory commercial interest from the first day of default until full payment, and reimbursement of extrajudicial costs in accordance with article 6:96 of the Dutch Civil Code according to the scale of the Extrajudicial Collection Costs Decree of 1 July 2012.
3. If “Sea View” has incurred more or higher costs that are reasonably necessary,
these costs are eligible for reimbursement. The full judicial and execution costs incurred are also borne by the Client.
Article 13 - Privacy, Data Processing and Security
1. “Zeezicht” carefully handles the (personal) data of the Client and will only
use in accordance with applicable standards. If requested, “Zeezicht” will inform the person concerned about this.
2. The Client is responsible for the processing of data that is used by
a “Sea View” service is being processed. The Client also guarantees that the content of the
data is not unlawful and does not infringe any rights of third parties. In this context, you indemnify. Client “Zeezicht” against any (legal) claim related to this information or the execution of the Agreement.
3. If “Sea View” is required to provide security of information under the Agreement,
this security meets the agreed specifications and a level of security that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.
4. Items lost or left behind in the building and accessories of “Zeezicht”, which are lost or left behind by
If the client is found, they must be at “Zeezicht” as soon as possible
surrendered. If the rightholder does not present himself within one year of returning the found
If you have reported items to “Zeezicht”, “Zeezicht” obtains the property. If “Sea View” by
The Client sends objects left behind to them, this is entirely at the expense and
risk on the part of the Client. “Zeezicht” is never obliged to send.
Article 14- Suspension and dissolution
1. “Sea View” has the right to receive or make dishes and/or drinks,
to maintain realized data, databases and more if the Client is not yet
has (fully) fulfilled its payment obligations. This right remains in full force if a reason for “Sea View” occurs, which justifies suspension in that case.
2. “Zeezicht” is authorized to suspend compliance with its obligations as soon as
The Client is in default of fulfilling any obligation arising from the Agreement, including late payment of its invoices. The suspension will be confirmed to the Client in writing immediately.
3. In that case, “Zeezicht” is not liable for damage, for whatever reason, as a result of suspending its activities.
4. The suspension (and/or dissolution) does not affect the Client's payment obligations for work already carried out. Moreover, the Client is obliged to compensate “Zeezicht” for any financial loss suffered by “Zeezicht” as a result of the Client's default.
Article 15- Force majeure
1. “Zeezicht” is not liable if, as a result of a force majeure situation, it is unable to fulfill its obligations under the Agreement.
2. Force majeure on the part of “Sea View” includes, but is not limited to: (i)
force majeure on the part of suppliers of “Zeezicht”, (ii) the failure to properly fulfill the obligations of suppliers prescribed by the Client or its third parties to “Zeezicht” or
recommended, (iii) the defect of software or any third parties involved in the performance of the service, (iv) government measures, (v) failure of electricity, internet, data network and/or
telecommunications facilities, (vi) illness of “Seaview” employees or engaged by them
advisors and (vii) other situations that, in the opinion of “Zeezicht”, are beyond its control that temporarily or permanently prevent the fulfillment of its obligations.
3. In the event of force majeure, both Parties have the right to terminate the Agreement in whole or in part. In that case, all costs incurred before the termination of the Agreement will be due to
Clients are paid. “Zeezicht” is not obliged to compensate the Client for any losses caused by such a withdrawal.
Article 16- Limitation of liability
1. If any result set out in the Agreement is not achieved, a shortcoming of “Sea View” will only be deemed to exist if “Sea View” has expressly promised this result when accepting the Agreement.
2. If there is an attributable shortcoming of “Zeezicht”, “Zeezicht” is only obliged to pay any compensation if the Client has given “Zeezicht” notice of default within 14 days of discovery of the shortcoming and “Zeezicht” has subsequently failed to repair this shortcoming within a reasonable period of time. The notice of default must be submitted in writing and contains such an accurate description/substantiation of the shortcoming, so that “Zeezicht” is able to respond adequately.
3. If the provision of Services by “Zeezicht” leads to liability for “Zeezicht”, it is
liability limited to the total amount that is invoiced under the Agreement, but only with regard to the direct damage suffered by the Client unless the damage is the result of intent or intentional recklessness on the part of “Sea View”. Direct damage includes: reasonable costs incurred to limit or prevent direct damage, determine the cause of damage, direct damage, liability and method of repair.
4. Any advice provided by “Zeezicht”, based on incomplete and/or incorrect information provided by the Client, is never a reason for “Zeezicht”'s liability.
5. The content of the advice provided by “Zeezicht” is non-binding and only advisory in nature.
The Client decides for itself and at its own responsibility whether to make the proposals and those mentioned herein
follows the advice of “Zeezicht”. All consequences resulting from the follow-up of the advice are at the expense and risk of the Client. The Client is at all times free to make its own choices that differ from the (completed) advice provided by “Zeezicht”. “Seaview” is not subject to any form of refund if this is the case.
6. “Sea View” is not liable for and/or obliged to repair property and/or personal injury caused by the use of DeMeals. “Zeezicht” provides strict user instructions that must be followed by the Client. All damage resulting from use is expressly excluded from liability.
7. “Seaview” does not guarantee the correct and complete transmission of the content from and by/on behalf of
“Seaview” e-mail sent, nor for its timely receipt.
8. All claims by the Client for shortcomings on the part of “Sea View” expire if they are not reported in writing and motivated to “Zeezicht” within one year after the Client was aware or could reasonably be aware of the facts on which it bases its claims. One year after the termination of the Agreement between the parties, “Zeezicht”'s liability expires.
Article 17 - Confidentiality
1. “Sea View” and the Client undertake to maintain the confidentiality of all confidential information obtained in the context of an assignment. Confidentiality results from the assignment and must also be assumed if it can reasonably be expected that it is unconfidential
information goes. Confidentiality does not apply if the information in question is already
is public/generally known, the information is not confidential and/or the information was not disclosed to “Zeezicht” by the Client during the Agreement and/or was otherwise obtained by “Zeezicht”.
2. In particular, confidentiality concerns advice, reports drawn up by “Sea View”,
designs, working methods and/or reporting regarding the Client's assignment. It is
The client expressly prohibited from sharing its content with employees who are not authorized to take note of this and with (unauthorized) third parties. In addition, “Zeezicht” always takes the necessary care when dealing with all business-sensitive information provided by the Client.
3. If “Sea View” is required by law or court order, the
(partly) provide confidential information to (co) by law or competent court or third party
provide and “Zeezicht” cannot invoke a right to refuse, “Zeezicht” is not obliged to pay any compensation and gives the Client no reason to terminate the Agreement.
4. “Zeezicht” and the Client also impose the confidentiality obligation on the third parties they can engage.
Article 18 - Intellectual Property Rights
1. All IP rights and copyrights in “Zeezicht”, including but not limited to all designs, models, reports and advice, belong exclusively to “Zeezicht” and are not transferred to the Client unless otherwise expressly agreed.
2. If it has been agreed that one or more of the aforementioned things or works of “Zeezicht”
are transferred to the Client, “Zeezicht” is entitled to conclude a separate Agreement for this purpose and to demand appropriate monetary compensation from the Client. Such
compensation must be paid by the Client before they carry out the relevant goods or work
with the corresponding IP rights.
3. The Client is prohibited from using all documents and software that have the IP rights and
The copyrights of “Zeezicht” are to disclose and/or multiply, modify or
to be made available to third parties (including use for commercial purposes) without the express prior written consent of “Zeezicht”. If the Client wishes to make changes to items delivered “Sea View”, “Sea View” must explicitly agree to the intended changes.
4. The Client is prohibited from using the goods and documents bearing the intellectual property rights of “Zeezicht” differently than agreed in the Agreement.
5. The parties will inform each other and take joint measures if an infringement of IP rights occurs.
Article 19 - Indemnification and accuracy of information
1. The Client is responsible for the accuracy, reliability and completeness of all
data, information, documents and/or documents, in whatever form they provide to “Zeezicht”
provided under an Agreement, as well as for the information it has from third parties
obtained and which were provided to “Zeezicht” for the purpose of performing the Service.
2. The Client indemnifies “Zeezicht” from any liability resulting from failure or late fulfillment of the obligations with regard to providing all correct, reliable and complete data, information, documents and/or documents in a timely manner.
3. The Client indemnifies “Zeezicht” against all claims by the Client and by him
third parties engaged or working under him, as well as from Client's customers, based on failure to (timely) obtain any subsidies and/or permissions required in the context of the execution of the Agreement.
4. The Client indemnifies “Zeezicht” against all third-party claims arising from the
work carried out on behalf of the Client, including but not limited to intellectual property rights to the data and information provided by the Client that can be used in executing the Agreement and/or the Client's acts or omissions towards third party (s).
Article 20- Complaints
1. If the Client is not satisfied with the service provided by “Zeezicht” or otherwise has complaints about the execution of its order, the Client is obliged to report these complaints as soon as possible, but no later than 7 calendar days after the relevant reason that led to the complaint. Complaints can be reported orally or in writing via contact@zeezicht.nlmet as the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Client for “Zeezicht” to be the
be able to deal with a complaint.
3. “Sea View” will be as soon as possible, but no later than 7 calendar days after receipt of the complaint
respond substantively to the complaint.
4. The parties will try to find a solution together.
Article 21 - Applicable law
1. The legal relationship between “Zeezicht” and the Client is governed by Dutch law.
2. “Zeezicht” has the right to change these general terms and conditions and will inform the Client accordingly.
3. In the case of translations of these general terms and conditions, the Dutch version prevails.
4. All disputes arising from or as a result of the Agreement between “Sea View” and
The Client will be settled by the competent court of The Hague, unless mandatory provisions of law designate another competent court.
Part 2 - Additional terms and conditions for renting spaces
Part 2 includes additional and/or different provisions to Part 1. If in
Part 2: If no additional or different provisions are included compared to Part 1, then reference will be made to the content of Part 1 in this regard.
Article 22 - User instructions and obligations of the Tenant
1. The Tenant is obliged to use the Rented Property in accordance with its destination under the
Agreement to be used properly and yourself.
2. The tenant has an independent responsibility for the management and use of the goods (supplied) by “Zeezicht”.
3. Re-letting is prohibited unless the Tenant has explicit written permission from “Zeezicht” to rent out the Rented Property to third parties.
4. The tenant is obliged to use the Rented Property in such a way that it does not conflict with any
law, any local ordinance, or any other government regulation, and that there is no risk that any government permit or government exemption will or may be revoked. The tenant will also comply with the requirements or regulations set or to be set by or on behalf of utilities and any other companies that are or will be responsible for the supply of gas, water and electricity, etc. and/or their transport and/or measurement.
5. The tenant is obliged to use the Rented Property in such a way that by or on behalf of the tenant and by (the
(use of) the Rented Premises (no nuisance or inconvenience in any form) is caused to:
“Sea view”, the neighbors and the surrounding area.
6. The tenant is obliged to use the Rented Property in such a way that no damage to the environment in any form, such as the emission of substances or from soil, groundwater, surface water or
air pollution, occurs or can reasonably occur. Tenant is obliged to provide sufficient
to take precautions against this. In the event of any act or omission in violation of these obligations, the Tenant is obliged to clean it up in a timely, proper and/or complete manner towards “Zeezicht” and third parties. The Renter is also fully liable to “Zeezicht” and third parties for the damage caused by that pollution from “Zeezicht” and third parties, including the costs of any cleaning up of the aforementioned pollution by third parties, such as the government or “Sea View”, in spite of the Tenant's own obligation to clean up under the Agreement.
7. The tenant has an independent responsibility for having the permits and/or exemptions that are or will be required for the agreed use of the Rented Property. Failure to comply with the aforementioned obligation is at the expense and risk of the Renter and does not constitute a ground termination of the Agreement.
8. The renter must have insured the Rented Property prior to the start of the rental period.
9. The tenant is obliged to take appropriate measures in time to prevent damage to, in or by the Rented Property as a result of frost, precipitation, storm, other weather conditions, short circuit, fire, leakage, etc.
10. It is prohibited for the Tenant to fully or partially control the layout or shape of the Rented Property
change or add anything without the prior written permission of “Zeezicht”. “Sea View” is only obliged to cooperate if these changes are necessary for the efficient use of the Rented Property. “Zeezicht” has the right to attach conditions or to impose an order on the granting of written consent, including an increase in the rental price if the changes and additions give a reasonable reason to do so.
11. Changes and additions made or taken over by the Renter are not part of the Rented Property and must be undone or removed by the Tenant before or at the end of the Agreement, unless the parties have otherwise agreed upon or after “Zeezicht” has given written permission.
12. The Tenant is obliged to make the Rented Property available to “Zeezicht” after the end of the rental period and to deliver it in accordance with the Agreement.
13. The tenant is not entitled to any compensation for unjustified enrichment of
“Seaview” or any third party in connection with changes to the Rented Property made or taken over by Renter and additions to the Rented Property that were not undone or removed for any reason at or after the end of the Agreement, unless otherwise explicitly stated in writing
agreed.
14. The tenant is obliged to provide all information requested by “Zeezicht” as well as relevant attachments and
related information and data timely and/or before the start of the rental period and in the desired
to provide form for the proper and efficient execution of the Agreement. Bee
In the absence of this, it may happen that “Zeezicht” is not able to fully implement the
Agreement to be realized. The consequences of such a situation are at the expense and risk of the Renter at all times.
15. “Sea View” is not obliged to verify the accuracy and/or completeness of the information provided to it or to update the Tenant with regard to the information if it has changed over time, nor is “Zeezicht” responsible for the accuracy and completeness of the information compiled by “Zeezicht” for third parties and/or provided to third parties under the Agreement.
16. “Sea View” may, if necessary for the execution of the Agreement, request additional information. Failing this, “Zeezicht” is entitled to suspend the execution of the Agreement until the information has been received, without being obliged to pay any compensation to the Tenant for whatever reason. In the event of changed circumstances, the Tenant must notify “Zeezicht” immediately, or no later than 3 working days after the change has become known.
Article 23- Landlord's obligations
1. “Sea View” will execute the Agreement to the best of its knowledge and ability and is obliged to leave the Rented Property at the Tenant's disposal to the extent necessary for the agreed use.
2. “Sea View” will keep the Rented Property in good condition and without by an expert
to deliver observable defects, except if and/or insofar as maintenance defects and/or other defects may be mentioned.
3. If and insofar as the proper execution of the Agreement requires, “Zeezicht” has the right to have certain activities carried out by third parties at its own discretion.
Article 24- Styling and decoration
1. “Sea view” can, if instructed to do so, take care of the event styling, including
understood but not limited to coming up with a design and theme, developing the concept in proposals, purchasing, design planning, execution/managing and renting props.
2. “Sea View” will make every effort to execute the Agreement with the utmost care
conduct as may be expected of a good contractor. All Services are operated on
based on an obligation to make an effort, unless a result has been explicitly agreed in writing
which has been described in detail.
3. The Client will “Zeezicht” in writing prior to the start of the work
report circumstances that are or may be important, including any points and priorities that Client wishes attention to.
4. Event styling is an expression of creativity and taste. If the Client agrees to the Offer as “Sea View” uses, this also means that the Client agrees with the Client's own approach and style that “Sea View” uses. “Zeezicht” has the right to carry out the work at its own technical and creative insight, unless anything has been expressly reported about this by the Client. All the specific requirements and wishes of the Client must be jointly laid down in writing by the parties.
5. If the “Sea View” agreement is necessary for the effective implementation of the “Sea View” agreement, additional
material or the expertise of third parties or if it later appears that more time is needed, can be found here
additional costs are charged during the Agreement, all based on subsequent calculation. “Zeezicht” will inform the Client of this in a timely manner. The client must give a written agreement for this.
6. “Sea View” may require the Client to make additional agreements regarding the
execution, costs or duration of the Agreement if weather conditions or other external
factors in the opinion of “Sea View” prevent effective implementation of the agreement. In such a case, such circumstances may give rise to additional activities.
7. The copyright to the works of “Zeezicht” is exclusively owned by “Zeezicht”, unless otherwise explicitly stated
agreed. Permission to use a work by the Client only becomes
granted in advance in writing in the form of a license, such as, in its nature and scope, by
“Sea view” has been described in the offer. With regard to the portability of copyright,
attribution to a work or a copyright infringement of “Zeezicht” is article 25
Copyright Act applies.
8. If the Client requests ownership of the works, this can only be transferred with the explicit permission of “Zeezicht”, where additional costs will be charged. “Zeezicht” may require the Client to conclude a separate agreement for this purpose. However, “Zeezicht” is never obliged to comply with this request.
9. If the Client posts the photos related to styling on a social media channel, the Customer must mention “Zeezicht” as stylist at all times.
10. The Client is allowed to place his/her own styling and/or decorations in consultation
with “Sea View”. If damage is caused to the item as a result, “Zeezicht” is entitled
to charge repair costs to the Client.
Article 25- Delivery: Rented
1. The Tenant is obliged to take possession of the Rented Property at the time when, according to the
The agreement will be made available, even if they are offered to her earlier or later than agreed.
2. If the commencement, progress or (re) delivery of the Agreement is delayed because
for example, the Tenant has not provided all the requested information or did not provide it in time, insufficient
cooperates, the (down) payment has not been received in time by “Zeezicht” or by others
If any delay occurs beyond the control of “Zeezicht”, “Zeezicht” is entitled to a reasonable extension of the (re) delivery period. All agreed (re) delivery terms are never fatal terms. The tenant must give “Zeezicht” notice of default in writing and give her a reasonable period of time to still be able to deliver (or deliver). The tenant is not entitled to any compensation due to the delay.
3. If the Renter refuses to take delivery or is negligent in providing information or instructions that
are necessary for delivery, “Zeezicht” is entitled to store the goods at the expense and risk
from Tenant.
4. If the agreed goods are delivered by “Zeezicht” or is an external carrier
“Zeezicht”, unless otherwise agreed in writing, is entitled to charge any delivery costs. These will then be invoiced separately, unless otherwise expressly stated.
agreed.
5. If “Zeezicht” requires information from the Tenant in the context of the execution of the Agreement,
the delivery time only commences after the Tenant has all the information necessary for the execution of “Zeezicht” ter
has made a decision.
6. If “Zeezicht” has specified a delivery time, this is indicative.
7. “Zeezicht” is entitled to deliver the goods in parts, unless this has been deviated from by Agreement or the partial delivery has no independent value. “Zeezicht” is entitled to invoice the thus delivered goods separately.
8. Any defects or incorrectly delivered goods must be delivered to “Zeezicht” within 24 hours
to be reported in writing at. In case of damage to the Rented Property due to careless handling by
The Tenant himself is liable for any depreciation of the Rented Property.
9. The tenant is deemed to have received the Rented Property in good condition and is obliged to
Rented property to be returned in good condition. If, upon or after return, an investigation shows that the
If the Rented Property is not in good condition, the Tenant is obliged to reimburse the repair costs and any other damage to “Zeezicht”. The Tenant is also liable at all times for all damage to, and/or caused by, the Rented Property during all transports carried out by or on behalf of the Renter.
Article 26 - Defects in the rented property
1. “Sea View” guarantees that the Rented Property complies with the Agreement as between the parties
closed.
2. “Sea View” is obliged to remedy defects at the request of the Tenant, unless this is impossible or the costs of repairing the defects are not reasonably required of “Zeezicht”.
3. Any damage and loss must be reported to “Zeezicht” immediately, but no later than within 24 hours. If agreed, “Zeezicht” will further deal with the damage and/or repair of the damage. The tenant is obliged to follow the instructions of “Zeezicht”.
4. The renter is himself liable for the following costs and damages, and indemnifies “Zeezicht” from:
a. Damage due to the loss of the Rented Property and/or the associated documents;
b. Damage that, for whatever reason, is not caused by the Renter's insurance company
reimbursed;
c. Damage due to careless actions on the part of the Tenant himself.
5. Defects in changes and additions made or taken over by the Renter and defects in the Rented Property resulting from those changes or additions and harmful consequences for the Rented Property, “Sea View” or third parties are not regarded as defects of the Rented Property as referred to in article 7:204 of the Dutch Civil Code and do not give the Tenant any claim against “Sea View”. For out of those
changes or additions resulting from defects in the Rented Property and harmful consequences for the Rented Property, “Sea View” or third parties is liable. The tenant will indemnify “Zeezicht” against any third-party claims against “Zeezicht” in connection therewith.
6. Invisible defects are those that the Tenant did not discover during a thorough inspection of the Rented Property and could not reasonably have discovered, should be reported to “Zeezicht” in writing immediately after discovery of the defect.
Article 27 - Hired Warranty
1. “Sea View” guarantees that the Rented Property complies with the Agreement, the specifications stated in the Offer, usability and/or reliability and the legal rules/regulations at the time of the conclusion of the Agreement.
2. The risk of loss or damage to the Rented Property that is the subject of the Agreement increases
over to the Tenant as soon as the Rented Property has been brought into the Renter's control. This will in any case be the case if the Rented Property is delivered to the Renter's delivery address.
Article 28 - Limitation of liability for the Hired
1. The Tenant is liable for all damage to the Rented Property, unless the Tenant proves that he and persons for whom he bears responsibility and/or liability in the relationship to “Sea View”, including in any case his Staff, with regard to the occurrence of that damage.
2. “Sea View” is not liable for damage resulting from the use of the Rented Property.
3. “Sea View” is not liable for any damage suffered by the Tenant due to the failure to make the Rented Property available in time, unless a later provision of the Rented Property to the Tenant is caused by the Tenant's own intent or gross negligence.
4. “Sea View” is never liable for improper use of the Rented Property beyond its control during the rental period by the Tenant. The Tenant must comply with the use of the Rented Property in accordance with the “Sea View” manual and instructions provided.
5. If damage occurs during the rental period, the Tenant is obliged to compensate for all damage if this is not covered by the warranty and/or “Sea View” cannot (have) repaired the damage free of charge.
6. If the Renter holds the Rented Property unlawfully after the end of the Agreement,
“Sea view” about the time he misses the rented property - claim a fee based on the rental price.
7. “Zeezicht” is not liable for damage, of whatever nature, caused by “Zeezicht” based on incorrect and/or incomplete information provided by the Tenant, unless this inaccuracy or incompleteness was known to “Zeezicht”.
8. The tenant indemnifies “Zeezicht” against any third-party claims related to the execution
suffer damage from the Agreement and which are attributable to the Tenant.
Part 3 - Additional terms and conditions for photo and video services
Part 3 includes additional and/or different provisions to Part 1. If Part 3 does not include any additional or different provisions compared to Part 1, reference will be made to the content of Part 1 in that regard.
Article 29 - Duration of the Agreement
1. The Agreement is entered into for a fixed period of time, unless the content, nature or scope of the
assignment means that she has been contracted for an indefinite period of time. The duration of the assignment depends partly on external factors, including but not limited to the speed at which the photos can be taken.
2. Already scheduled appointments can only be canceled free of charge up to 7 business days before the
commencement date. Cancellation within this period means that the Client must reimburse the (un) costs already incurred and reserved time.
3. If, due to bad weather conditions or force majeure from “Sea View”, the appointment is not possible
take place, parties will consult to move the appointment. Costs already incurred will come
at the expense of the Client, unless otherwise agreed.
Article 30 - Implementation of the service
1. If damage occurs to the “Zeezicht” equipment at the Client's location, and the damage is the result of a cause attributable to a Client and/or its employees or third parties engaged by the Client, the Client is obliged to fully compensate the damage suffered by “Zeezicht”.
2. Client receives the photos after client has fully completed the agreed amount
paid.
3. Client may post the photos on its website and/or social media, provided that there is a mention with the name of the photographer concerned.
Article 31- Client obligations
1. If the Client provides a location, or makes its own (business) space available to “Zeezicht”, the space must meet the requirements set by “Zeezicht”.
2. The photos may not be used for printing, unless otherwise agreed with the
photographer.
Article 32- Photography
1. The execution of the photography activities includes editing photos, unless otherwise
agreed.
2. Photography is an expression of creativity and taste. If the Client agrees with the offer,
Client also agrees with the photography style and approach of “Sea View”. “Seaview” is
entitled to carry out the work as you see fit and creativity, taking into account the wishes of the Client.
3. If the “Sea View” Agreement is necessary for the effective implementation of the “Sea View” Agreement, additional
renting material or a space, or if the number of photos needs to be increased, or if it appears afterwards that more time is needed for editing, additional costs may be charged. “Sea View” will
Inform the client about this in a timely manner.
4. “Sea View” may require the Client to make additional agreements regarding the
execution, costs or duration of the assignment if, in the opinion of “Sea View”, weather conditions or other external factors prevent effective execution of the Agreement. In such a case, such circumstances may give reason to carry out additional work.
5. The copyright to the photographic works is exclusively owned by “Seaview”, unless explicitly otherwise stated
agreed. Permission to use a photographic work by the Client becomes
only granted in writing and in advance in the form of a license as determined by “Sea View”. With regard to the transferability of copyrights, attribution to photographic work or an infringement of the copyrights of “Zeezicht”, article 18 of these terms and conditions applies.
6. If the Client requests ownership of the Photographic Works, this can only be
transferred with explicit permission from “Zeezicht”, which will incur additional costs
calculated.
7. The client can only receive the photos approved and edited by “Zeezicht”.
The client is never entitled to 'raw', unprocessed photos.
Article 32- Delivery
1. The delivery period is never a deadline, with the agreed date as guideline, unless explicitly agreed otherwise.” “Seaview” will provide the photo report to be developed if, in its professional opinion, they meet the Client's specifications, which may thus differ from the agreed delivery period.
2. If there is a phased implementation, or Client needs to give approval,
“Zeezicht” entitled to suspend the execution of the Agreement or delivery period until the
moment that the Client has given (her) approval. The client then deserves to evaluate and approve or reject what has been delivered within 7 days of delivery. If the Client has
if you do not reject the delivered item within this period, the delivered item will be deemed to have been accepted.
The Client may not base an approval or rejection at a later stage on aspects that were already approved at an earlier stage.
3. “Zeezicht” makes every effort to provide the service within the agreed period, insofar as this can reasonably be expected of him. In case of urgency, the Client is obliged to pay the associated compensation.
4. If agreed that the Client is entitled to one or more after delivery
adjustment rounds, the costs of this depend on what the parties to the Agreement have
recorded.
5. “Zeezicht” has the right to sign all works completed by him, or to write his name
(do) mention. He also has the right to use all his works, designs and all items on which his intellectual property rights rest for his own promotion and/or publicity without (prior) explicit permission from the Client.
PART 4 - ADDITIONAL CONDITIONS, WORKSHOPS AND ARRANGEMENTS
Part 4 includes additional and/or different provisions to Part 1. If in
Part III: no additional or different provisions are included compared to Part 1, then reference will be made to the content of Part 1 in this regard.
Article 33 - Duration of the Agreement
1. The Agreement is entered into for a fixed period of time, unless the content, nature or scope of the
assignment entails that she has entered into for an indefinite period of time.
2. Parties can terminate the agreement in writing, taking into account the following
Cancelling periods:
● in case of cancellation of the reservation, the 50% deposit is non-refundable. The credit can be spent at “Zeezicht” within 2 years, subject to availability.
● 6 weken voor het event is hetmogelijk om de laatste wijzigingen voor de eindfactuur te doen, hierna is hetvolledige bedrag verschuldigd aan "Zeezicht" minus de eventuele no-show rate van 10%.
2 weken voor de reservering zullen wij de volledige factuur opsturen, dezedient voor aanvang voldaan te zijn.
3. Annulering kanuitsluitend schriftelijk of per e-mail gedaan worden, bij voorkeur voorafgegaan door een telefonische melding van de annulering.
4. In geval vaneen voortijdige beëindiging van de Overeenkomst is Opdrachtgever de tot dan
daadwerkelijkgemaakte kosten verschuldigd van "Zeezicht" tegen de overeengekomenprijs. De
opdrachtbevestigingvan "Zeezicht" is hierbij leidend.
Artikel 34- Workshops en/of trainingen
1.Indien hiertoe opdracht is gegeven kan "Zeezicht" workshopsverzorgen voor Opdrachtgever en diens medewerkers.
2. De workshop vindt plaats op locatie van Opdrachtgever of op een naderte bepalen locatie van
"Zeezicht". Indien de workshop plaatsvindt op locatie vanOpdrachtgever, is Opdrachtgever verplicht de in het kader van de workshopvereiste faciliteiten tijdig ter beschikking te stellen. Indien een workshopniet kan plaatsvinden of vertraging oploopt, doordat Opdrachtgever niet heeftvoldaan aan voorgenoemde verplichting, komen alle gevolgen hiervan voorrekening en risico van Opdrachtgever. "Zeezicht" is tevens gerechtigdinstructies te geven met betrekking tot de geschiktheid van de locatie en daaraanwezige faciliteiten voor aanvang van de workshop.
3. De inhoud van de door "Zeezicht" aangeboden workshop en degedurende de workshop verleende
adviezen zijn niet bindend en slechts adviserend van aard, doch zal"Zeezicht" de op haar rustende
zorgplichten in acht nemen. De workshop wordt voor zover mogelijkafgestemd op de wensen van
Opdrachtgever alsmede de behoeften van de betreffende deelnemer(s).
4. Opdrachtgever zal "Zeezicht" schriftelijk voorafgaand aan deaanvang van de workshop alle
omstandigheden melden die van belang zijn of kunnen zijn met inbegrip vanenige punten en prioriteiten waarvoor Opdrachtgever aandacht wenst.
5. "Zeezicht" is gerechtigd de workshop te annuleren of teverplaatsen naar een andere datum indien er te weinig aanmeldingen zijn. Hetstaat uitsluitend ter oordeel van "Zeezicht" om de workshop teverplaatsen. Indien Opdrachtgever op de nieuwe gestelde datum niet beschikbaaris, heeft Opdrachtgever naar rato recht op restitutie van reeds betaalde geldenof kan zij op een andere datum deelnemen aan de workshop. Partijen zullenhierover in overleg treden. Indien er teveel aanmeldingen zijn, is"Zeezicht" gerechtigd de workshop in meerdere sessies te latenplaatsvinden. Indien van toepassing zal voorgenoemde situatie tijdig metOpdrachtgever worden overlegd.
Artikel 35- Verplichtingen Opdrachtgever
1. Opdrachtgever is verplicht om tenminste 5 tot 7 (werk)dagen voorafgaandaan de gewenste
leveringsdatum het aantal mensen door te geven. Na deze termijn is hetaantal opgegeven personen het minimale aantal mensen en kan dit niet minderworden. Meer mensen toevoegen is slechts mogelijk nadat dit door"Zeezicht" schriftelijk, althans per e-mail wordt bevestigd.
Artikel 36- Beperking van aansprakelijkheid
1. Opdrachtgever vrijwaart "Zeezicht" voor alle aanspraken vanderden als gevolg van een gebrek ten
gevolge van een dienst die door Opdrachtgever aan een derde is geleverd enmede bestond uit door
"Zeezicht" geleverde Diensten, tenzij Opdrachtgever kan aantonendat de schade uitsluitend is
veroorzaakt door de dienst van "Zeezicht".
2. Enige door "Zeezicht" opgeleverde catering, op basis van doorOpdrachtgever onvolledige en/of onjuist verstrekte informatie is nimmer grondvoor aansprakelijkheid van "Zeezicht".
DEEL 5 - AANVULLENDE VOORWAARDEN INZETTEN ARTIEST/DJ
In Deel 5 worden op Deel 1 aanvullende en/of van Deel 1 afwijkendebepalingen opgenomen. Indien in
Deel 5 geen aanvullende c.q. afwijkende bepalingen zijn opgenomen tenopzichte van Deel 1, dan wordt te dien aanzien naar de inhoud van Deel 1verwezen.
Artikel 37- Uitvoering van de dienstverlening
1. Bij het inzetten van Artiest/DJ stelt "Zeezicht" de wensen envereisten van Opdrachtgever te allen tijden voorop, doch kan zij nietgaranderen dat de door haar ingezette Artiest/DJ te allen tijde aan de wensenen verwachtingen van Opdrachtgever voldoen.
2. Opdrachtgever verklaart volledig bekend te zijn met de prestaties vande gecontracteerde Artiest/DJ, alsmede met de soort en/of de aard van degecontracteerde prestaties.
3. Opdrachtgever is bekend en akkoord met het feit dat, hoewel de vorm vanhet Optreden in goed overleg met de Artiest/DJ door de Opdrachtgever wordtbepaald, de Artiest/DJ volledig onafhankelijk is in de wijze van uitvoering vanhet Optreden en dat de Artiest/DJ over zijn inhoudelijke bijdrage zelf deeindzeggenschap heeft.
4. Artiest/DJ is verplicht ruim van te voren aanwezig te zijn, met allezaken die voor het optreden nodig
zijn, tenzij schriftelijk van tevoren is overeengekomen.
5. BUMA/STEMRA/SENA rechten komen voor rekening van Opdrachtgever, tenzijanders schriftelijk is
overeengekomen. Opdrachtgever zal deze rechten zelf dienen te vergoeden.
6. Artiest/DJ is gehouden zich te richten naar de wensen vanOpdrachtgever, waar dit betreft de volgorde van een programma, tenzijuitdrukkelijk schriftelijk anders is overeengekomen. Artiest/DJ is gehouden incollegialiteit met ander optredende Artiest/DJ en dergelijke samen te werken enmedewerking te verlenen aan een goed verloop der bijeenkomst.
7. Artiest/DJ is bereid zich te richten naar de wensen van Opdrachtgevervan de bijeenkomst/voorstelling c.q. het bezoekende publiek, speciaal waar hetbetreft de keuze van het repertoire en performance.
8. "Zeezicht" zal er zorg voor dragen dat de Artiest/DJ tijdigvoor de aanvang van het Optreden aanwezig is met al hetgeen voor het Optredenbenodigd is, tenzij anders overeengekomen.
9. Opdrachtgever garandeert dat de Artiest/DJ gerechtigd is elkgecontracteerd uur tien minuten te
pauzeren, tenzij vooraf anders schriftelijk is overeengekomen.
10. Het door "Zeezicht" met de Opdrachtgever vooraf besproken enschriftelijk in de
artiestenovereenkomst vastgelegde tijdstip en tijdsduur van Optreden isbindend. Wanneer de
Opdrachtgever tijdens de uitvoering van het Optreden een verzoek doet hetovereengekomen eindtijdstip te verschuiven, is de Artiest/DJ, dan wel"Zeezicht", gerechtigd het verzoek te weigeren of het als meerwerk teaccepteren. Het uiteindelijke tijdstip van het eindigen van het Optreden isbindend als basis voor de berekening van het meerwerk.
11. Artiest/DJ is verantwoordelijk voor het gebruik van en de omgang metde materialen. In geval van
beschadigingen is "Zeezicht" gerechtigd de kosten te verhalen opArtiest/DJ.
12. "Zeezicht" hanteert een zero tolerance beleid. Het isArtiest/DJ niet toegestaan onder invloed te zijn van verdovende middelen en/ofhard- en softdrugs.
Artikel 38- Publiciteit/opnamen
1. Het is Opdrachtgever niet toegestaan om zonder schriftelijkevoorafgaande toestemming van
"Zeezicht" of Artiest/DJ geluids- en/of beeldopnamen van hetOptreden te (laten) vervaardigen.
2. Het is Opdrachtgever niet toegestaan om zonder schriftelijkevoorafgaande toestemming van "Zeezicht" geluidsdragers, affiches,foto’s en/of andere artikelen, waarbij de naam en/of beeltenis van Artiest/DJworden gebruikt, voor of tijdens of direct na het Optreden te verkopen.
3. Indien Opdrachtgever de naam en/of beeltenis van Artiest/DJ inpubliciteitsmateriaal dan wel
uitnodigingen met betrekking tot. het Evenement wenst te gebruiken, danzal het publiciteitsmateriaal of de uitnodiging zelf, alsmede de wijze waaropof dan wel de voorwaarden waaronder dit gebeurt, vooraf moeten wordenovereengekomen met "Zeezicht" namens Artiest/DJ.
Artikel 39- Optie en/of Annulering
1. Indien een Opdrachtgever een optie neemt op een Artiest/DJ voor eenOptreden, dan zal Opdrachtgever deze Optie uiterlijk 4 weken voor hetplaatsvinden van het Optreden moeten omzetten tot een definitieve boeking,anders zal de optie vervallen.
2. In het geval desbetreffende Artiest/DJ door ziekte en/of overmacht nietin staat op te treden, heeft
"Zeezicht" het recht het desbetreffende optreden door een anderegelijkwaardige Artiest/DJ te (doen)
vervangen onder dezelfde voorwaarden, zonder dat dit Opdrachtgever hetrecht geeft de Overeenkomst met "Zeezicht" (gedeeltelijk) teannuleren.
3."Zeezicht" kan een DJ/Artiest binnen 24 uur annuleren in gevalvan overmacht, zoals
weersomstandigheden. De boeking zal in een dergelijke situatie verplaatstworden naar een andere
datum. "Zeezicht" is nimmer een vergoeding verschuldigd indien"Zeezicht" de boeking tijdig annuleert
aan de DJ/Artiest.
Artikel 40- Beperking van aansprakelijkheid
In geen geval is "Zeezicht" aansprakelijk indien de door haaringezette Artiest/DJ niet voldoen aan de
verwachting van Opdrachtgever, tenzij Opdrachtgever deze verwachtingenvoorafgaande aan de Overeenkomst aan "Zeezicht" kenbaarheeft gemaakt en "Zeezicht" expliciet het door Opdrachtgever
beoogde resultaat heeft toegezegd.
Den Haag, 29 januari 2025