TERMS AND CONDITIONS
THE TRAVELING WEDDING PLANNER
TTWP: user of these general terms and conditions, namely Susanna van Uffelen & Nina Molendijk , trading under the name “ The Traveling Wedding planner ” (TTWP ); established in Amsterdam and registered in the trade register under Chamber of Commerce number 75237903 .
Client: the counterparty of TTWP, being the person who has instructed TTWP to organize a wedding or event, or in whose name TTWP organizes a wedding or event or makes a reservation for it. Until an agreement has been concluded, the client is also referred to as the applicant.
Agreement: the agreement for the provision of services.
Supplier: the person who, in the course of his / her business, offers / supplies goods and / or services for a wedding or event to be organized by TTWP.
Force majeure: in addition to what is understood by force majeure in law and jurisprudence, this also includes all external matters, foreseen or unforeseen, on which TTWP cannot exert any influence and as a result of which TTWP does not, not timely, or not without in its judgment onerous extra efforts and / or costs is able to fulfill its obligations. Force majeure includes (and is therefore not limited to):
mobilization, war, acts of war, terrorism;
a day or days of national mourning;
quota or other government measures;
illness or (short-term) incapacity for work of TTWP
deaths within the family or circle of friends;
epidemics or pandemics
ARTICLE 1 - GENERAL
These terms and conditions apply to all offers and quotations from The Traveling Wedding Planner as well as to agreements concluded with client (s) and / or suppliers of services and / or goods for the purpose of organizing and / or conducting weddings, in the broadest sense. of the word, insofar as these conditions have not been deviated from in writing.
If one or more provisions of these general terms and conditions are null and void or should be destroyed, the other provisions of these general terms and conditions will remain fully applicable. TTWP and the client will then enter into consultation in order to agree on new provisions to replace the invalid or nullified provisions, whereby if and insofar as possible the purpose and purport of the original provision will be observed.
The client accepts the applicability of these general terms and conditions by entering into an agreement with TTWP or participating at / by or on behalf of the client and in a wedding / event of TTWP.
The general terms and conditions also apply after the end of the agreement.
ARTICLE 2 - FORMATION AND CONTENT OF AGREEMENT
An agreement is concluded when the client accepts an offer from TTWP verbally or in writing. The client will receive written confirmation of the agreement from TTWP.
The first quotation issued is mutually without obligation, no rights can be derived from misprints, typographical errors and clerical errors as well as mutilated quotations / proposals.
If TTWP has been commissioned and has started with the implementation and / or adjustment of a quotation, without a signed assignment agreement having been concluded, the applicant will owe all costs for preparation. This includes, among other things, research costs to obtain more information than what is described in the quotation, costs for site viewings, interviews at the applicant's location, etc.
The prices in the aforementioned quotations / proposals include VAT and other government levies.
If the acceptance deviates (on minor points) from the offer included in the quotation, TTWP is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless TTWP indicates otherwise.
A composite quotation does not oblige TTWP to perform part of the assignment against a corresponding part of the stated price.
Offers and quotations / proposals do not automatically apply to future assignments.
TTWP is always free to disagree with an accepted offer without stating reasons. If payment has already been made, TTWP will refund this amount immediately after refusal.
ARTICLE 3 - PERFORMANCE OF THE AGREEMENT
TTWP will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. TTWP has a best efforts obligation and not a result obligation.
If and insofar as required for the proper execution of the agreement, TTWP has the right to have certain activities performed by third parties.
The client ensures that all data, of which TTWP indicates that these are necessary, or of which the client should understand that they are necessary for the execution of the agreement, are provided to TTWP in a timely manner. If the information required for the implementation of the agreement is not provided to TTWP in time, TTWP has the right to suspend the implementation of the agreement and / or to charge the extra costs resulting from the delay to the client according to the usual rates. .
TTWP is not liable for damage, of whatever nature, because TTWP has based on incorrect and / or incomplete information provided by the client.
If work is carried out by TTWP or third parties engaged by TTWP within the framework of an agreement at the location of the client or a location designated by the client, the client must bear the costs related to the facilities reasonably desired by those employees.
The client indemnifies TTWP or third parties engaged by TTWP against any claims from third parties who suffer damage in connection with the performance of the agreement and which is attributable to the client.
If the client wants to use extra (personnel) support for the implementation of the agreement, this must be communicated to TTWP in writing at least 3 weeks before the deployment must take place. This extra effort will be charged on the basis of the agreed hourly rate excluding travel and accommodation costs.
The client must provide a healthy meal for TTWP and any third parties engaged by it on the day of the wedding. If the wedding or party location is more than an hour's drive from TTWP's home, TTWP will charge the client for the costs of an overnight stay in a hotel. Before booking a hotel, coordination will take place between TTWP and the client.
The client gives permission to TTWP to use visual material - in the broadest sense of the word and with due observance of the rights of the possible maker thereof - for the portfolio of TTWP.
The styling materials that TTWP makes available remain the property of TTWP. If these materials are not returned to TTWP in full and / or undamaged, the client must reimburse TTWP for the replacement value.
ARTICLE 4 - AMENDMENT OF THE AGREEMENT
If during the execution of the agreement it appears that for a proper execution it is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly in time and in consultation.
If the parties agree that the agreement will be amended or supplemented, the time of completion of the implementation may be affected. TTWP will inform the client of this as soon as possible.
If the change and / or supplement to the agreement will have financial and / or qualitative consequences, TTWP will inform the client in advance.
Contrary to paragraph 4.3. TTWP will not be able to charge additional costs if the change and / or addition is the result of circumstances that can be attributed to TTWP.
TTWP reserves the right to pass on to the client legally imposed price increases that take place between the order confirmation and its execution. TTWP is obliged to notify and explain these price changes to the client as soon as possible.
ARTICLE 5 - DELIVERY TIMES
If the client does not take receipt of the rented or delivered products and / or services before or at the agreed time of delivery, the order will still be charged according to the agreement, possibly plus the costs for damage and / or extra expenses incurred. by TTWP.
The request by the client to change the delivery dates can only be made in mutual consultation and after written confirmation from TTWP. All costs arising from this change will be borne by the client.
ARTICLE 6 - FEES
The fee of TTWP is exclusive of expenses of TTWP and exclusive of invoices from third parties engaged by TTWP.
The transport costs incurred by TTWP for the implementation of the agreement within the Netherlands will be charged on the final invoice on the basis of subsequent calculation on the basis of € 0.45 per kilometer driven.
The transport costs incurred by TTWP for the implementation of the agreement outside the Netherlands (with regard to Destination Weddings) will be charged on the final invoice on the basis of subsequent calculation on the basis of the costs for any airline tickets, accommodation and facilities. These agreements are always made in advance and established by TTWP in the first quotation.
ARTICLE 7 - PAYMENT
When concluding the agreement for an amount in excess of € 1,000.00, the client will make an advance payment (also called commitment fee) of € 1,000.00 of the amount offered. This amount must be paid within the specified period of 14 days after the invoice date, unless otherwise agreed in writing between the client and TTWP. In the meantime, the client will receive a second invoice of 30% of the offered amount and at least 14 days before the wedding a third invoice for the remainder of the offered amount, unless a TTWP has been agreed otherwise in writing between the client. An agreement for an amount under € 1,000.00 must be paid in a payment (100%) after this agreement has taken place and must be paid within the specified period of 14 days after the invoice date, but always prior to the assignment / event. . The full amount must always be paid before the wedding / event at the latest. After the wedding / event, the client may receive a final invoice based on subsequent calculation, for the costs not previously invoiced and any credit or debit arising from changes in the order confirmation. Any objections to the amount of the invoices do not suspend the payment obligation.
If, for whatever reason, the wedding is moved by the client to the next calendar year, this will be done in consultation with TTWP. A surcharge of 50% extra of the minimum turnover guarantee will be invoiced for transfer to the consecutive calendar year, plus any additional work (hours based on subsequent calculation).
The client who does not pay on time is in default by operation of law, without further notice of default being required. In that case, TTWP is entitled to terminate the agreement or to claim full compliance. TTWP is entitled to claim additional compensation for all costs already incurred in respect of the agreement. The client will then owe interest of 5% per month, unless the statutory interest is higher, in which case the statutory interest will apply. The interest on the due amount will be calculated from the moment the client is in default until the moment the full amount is paid.
In the event of liquidation, bankruptcy, seizure or suspension of payment of the client, the claims are
payments of TTWP on the client are immediately due and payable.
TTWP has the right to have the payments made by the client stretch in the first place to reduce the costs, then to reduce the interest that has arisen and finally to reduce the principal sum and the current interest. TTWP can, without being in default as a result, refuse an offer for payment if the client indicates a different order of allocation. TTWP can refuse full repayment of the principal sum, if the interest due and accrued interest as well as the costs are not also paid.
If the client is in default and / or in default with the fulfillment of one or more of its obligations, then all costs incurred in obtaining payment out of court will be for the account of the client. If the client fails to pay a sum of money on time, he will forfeit an immediately payable fine of 10% on the amount still due. This with a minimum of 250 euros and without prejudice to VAT and without prejudice to any litigation and execution costs.
The client owes interest on the collection costs incurred.
ARTICLE 8 - INVESTIGATION, COMPLAINTS AND COMPLAINTS
Complaints must be submitted to TTWP in writing and with sufficient motivation no later than five working days after the date of the wedding. Submitting complaints does not relieve the client from its obligation to pay the invoices submitted by TTWP on time.
TTWP must immediately be given the opportunity to check submitted complaints. If the complaint is correct in its opinion, it will, at its option, either pay fair compensation up to a maximum of the invoice value of the products and / or services delivered, or replace the delivered products and / or services free of charge after they have been returned in their original condition. .
ARTICLE 9 - CANCELLATION, TERMINATION AND SUSPENSION OF THE AGREEMENT
TTWP has the right at all times to refuse and / or terminate an agreement, or changes to it, if the assignment is in conflict with any statutory or other provision issued by the government. TTWP also has the right to terminate / refuse an agreement if, in its opinion, the content could harm the interests and / or good name of its company.
If the safety of guests, staff and / or contracted parties is insufficiently guaranteed or in case of improper use of the materials made available, TTWP is entitled to deviate from the agreement already concluded at its own discretion, or entirely at the expense of the negligent party. or partially dissolve.
If the agreement is terminated prematurely by the client, TTWP is entitled to compensation for the resulting and plausible occupancy loss, unless the termination is based on facts and circumstances that can be attributed to TTWP. Furthermore, the client is then obliged to pay invoices for work performed up to that time.
TTWP is authorized to suspend the fulfillment of the obligations or to dissolve the agreement if the client does not or not fully comply with the obligations under the agreement and / or circumstances that come to the attention of TTWP after the conclusion of the agreement give TTWP good grounds to fear that the the client will not fulfill the obligations and / or the client was asked to provide security for the fulfillment of his obligations under the agreement when the agreement was concluded and this security is insufficient or has not been provided.
If the agreement is dissolved, the claims of TTWP on the client are immediately due and payable. If TTWP suspends fulfillment of its obligations, it will retain its rights under the law and agreement.
TTWP always reserves the right to claim compensation.
If the client cancels an agreement in whole or in part, the costs incurred by TTWP, including payments to third parties, as a result of this cancellation will be fully reimbursed by the client. The cancellation costs amount to 50% of the total sum of the order when canceled up to 4 weeks before delivery, or 70% of the sum of the order when canceled 1 to 4 weeks before delivery, or 90% of the sum of the order at cancellation in the last week before delivery, while cancellation on the day of the wedding / event itself implies reimbursement of the full agreed price for the wedding / event concerned by the client to TTWP, whereby the amount is always at least equal to the actual cancellation costs which TTWP will have to pay to third parties in the event of cancellation of the assignment, plus 15% administration costs over the sum of the total assignment.
ARTICLE 10 - LIABILITY AND DAMAGES
TTWP excludes any liability, which liability arises out, and rejects possible damage claims, both direct and indirect, which arise from:
Circumstances attributable to the attendee of a wedding / event, such as inadequate health or fitness, inadequate personal equipment, improper or inaction, overestimation of one's abilities, or ignoring instructions and / or directions.
Actions and influences of third parties directly involved in the implementation of the wedding / event.
Actions and influences of third parties not directly involved in the implementation of the wedding / event.
Circumstances that cannot be attributed to TTWP's fault and which cannot reasonably be attributed to TTWP by virtue of Dutch law or the standards applicable in society.
Theft, destruction, loss or damage of items and / or missing items and persons during a wedding, on location or in the nautical area.
Circumstances attributable to third parties, suppliers of goods and / or services, or goods and / or services provided by third parties during the performance of a wedding.
Damage to goods and / or services before, during or after a wedding is at the expense and risk of the supplier concerned, TTWP can never be held liable for this damage.
If TTWP is liable for direct damage, this liability is limited to a maximum of one time the invoice amount, or at least that part of the assignment to which the liability relates, or at least to a maximum of 3000 euros (in words three thousand euros).
Direct damage is exclusively understood to mean; the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to the meaning of these terms and conditions; any reasonable costs incurred to have TTWP's defective performance comply with the agreement, unless these cannot be attributed to TTWP; reasonable costs incurred to prevent or limit damage, insofar as the client demonstrates that these costs have resulted in a limitation of direct damage as referred to in these general terms and conditions.
TTWP is never liable for indirect damage, including consequential damage, lost profit, lost savings, and damage due to business interruption.
The limitations of liability for direct damage included in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of TTWP or its subordinates.
ARTICLE 11 - OUTSOURCING WORK TO THIRD PARTIES
The client authorizes TTWP to have the assignment carried out at a time it desires. The client agrees to the transfer by TTWP to third parties of all rights and obligations arising from the agreement (s) concluded by TTWP with the client.
Products and / or services that cannot be delivered by TTWP itself are purchased through suppliers, the costs of these suppliers are for the client and payment is made via TTWP. Unless otherwise agreed.
TTWP is not considered responsible for the acts and / or actions of its suppliers and can never be held liable for this.
If TTWP acts as an intermediary (or booking office) and only performs administrative actions regarding the assignment, TTWP can never be held liable for actions, changes or other matters that take place during the execution of the assignment, as referred to in the agreement.
If disputes arise between client and supplier, TTWP will attempt to mediate between them, however TTWP can never be held liable for any damage, shortcomings, deviation in its product, non-delivery of services or products, costs and / or interest and the achieved result in this possible dispute, this remains a matter between the client and the supplier.
If the client contracts suppliers himself, all agreements with all these suppliers must be recorded in writing no later than 2 weeks prior to the wedding. If this turns out not to be the case or if major changes take place, TTWP will charge an amount of € 175 including VAT per recording or change.
ARTICLE 12 - RIGHTS AND INTELLECTUAL PROPERTY
TTWP reserves all intellectual property rights with regard to products of the mind which it uses and / or has used and / or develops and / or has developed in the context of the implementation of the Agreement, and in respect of which the copyrights are or has or can enforce other intellectual property rights.
The client is prohibited from disclosing those products, including working methods, advice, computer programs, system designs, (model) contracts and other mental products of TTWP, all this in the broadest sense of the word, whether or not with the involvement of third parties. or exploit. Reproduction and / or publication and / or exploitation is only permitted after obtaining written permission from TTWP.
ARTICLE 13 - CONFIDENTIALITY
Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of the Agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information.
If, on the basis of a statutory provision or a court decision, TTWP is obliged to provide confidential information to a third party designated by law, and TTWP cannot rely on a legal or authorized court recognized or permitted in this regard right of non-disclosure, then TTWP is not obliged to pay compensation or indemnification and the Client is not entitled to terminate the Agreement on the basis of damage allegedly suffered and to be suffered as a result.
ARTICLE 14 - FORCE MAJEURE
TTWP is not obliged to fulfill any obligation towards the client, if it is prevented from doing so as a result of a circumstance that is not attributable to fault, and is not accountable for by law, a legal act or generally accepted views. .
In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, on which TTWP cannot influence, but as a result of which TTWP is unable to fulfill its obligations. Force majeure includes (and is therefore not limited to):
mobilization, war, acts of war, terrorism;
a day or days of national mourning;
quota or other government measures;
illness or (short-term) incapacity for work of TTWP
deaths within the family or circle of friends;
epidemics or pandemics
In the event of force majeure, TTWP will make reasonable efforts to provide the client with an alternative solution if required.
Insofar as TTWP has in the meantime partially fulfilled its obligations under the agreement at the time of the commencement of force majeure or will be able to fulfill them, and the part that has been fulfilled or still to be fulfilled respectively has independent value, TTWP is entitled to revoke the part already fulfilled or to be fulfilled to be declared separately. Client is obliged to pay this invoice as if it were a separate agreement.
ARTICLE 15 - DISPUTES
The judge in the place of business of TTWP has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, TTWP has the right to submit the dispute to the competent court according to the law.
The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
ARTICLE 16 - APPLICABLE LAW
Dutch law and International Private Law apply to every agreement between TTWP and the client.
ARTICLE 17 - AMENDMENT, EXPLANATION AND LOCATION OF THESE TERMS
These conditions have been filed at the office of the Chamber of Commerce in Amsterdam.
In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text will always be decisive.
The most recently filed version or version that applied at the time of the conclusion of the agreement is always applicable.
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