Article 1: Definitions
In these general terms and conditions, the following definitions shall apply:
a) Heineken Experience: the Accommodation Provider that rents out conference or meeting accommodation and/or provides additional services based on an agreement.
b) the Renter: The natural person/legal entity who, based on an agreement, rents conference or meeting accommodation and/or purchases additional services.
c) rental fee: all that the Renter owes the Accommodation Provider for the rental of the conference or meeting accommodation.
d) reservation value (the value of the agreement): the total revenue forecast by the Accommodation Provider, consisting of the rent of the accommodation and the compensation for the additional services, including the products and/or services to be purchased from third parties.
e) one-day/multi-day meeting: a meeting that extends over one or more days, respectively.
Article 2: Applicability
2.1 These general terms and conditions apply to all agreements concluded between the Accommodation Provider and the Renter with regard to the rental/renting of conference and/or meeting accommodation and the provision of additional services.
2.2 If other terms and conditions apply, these general terms and conditions shall prevail in the case of any conflict.
2.3 In the event of any conflict between the agreement and these general terms and conditions, the provisions of the agreement shall prevail.
Article 3: Establishment of the agreement
3.1 The Accommodation Provider reserves the right to request compensation from the prospective Renter for the preparation of a quotation. All offers submitted by the Accommodation Provider are non-binding with regard to the period of acceptance, unless a period has been included in the offer.
3.2 The agreement between [sic: missing name] and the Renter can be concluded in parts. The 4(sub-) agreement is established when what has been agreed between the parties is confirmed in writing by the Accommodation Provider and is returned signed for agreement by the Renter within the set period. In the case that the additional services are described in an appendix, the appendix will be deemed to be part of the agreement - if it is created later, from that moment on.
3.3 A distinction is made between the option and the agreement.
The Accommodation Provider shall grant the Renter the option to cancel the reservation of the conference and/or meeting accommodation for a period to be determined by it, without any costs being incurred for this by the Renter. The Accommodation Provider may shorten the remaining agreed option period to 24 hours by notifying the Renter. In all cases, the Accommodation Provider may terminate the option with simultaneous offer of a comparable space.
In the agreement the rights and obligations of the parties are recorded as described in art. 3.2.
3.4 Amounts stated in the documents drawn up by the Accommodation Provider are exclusive of VAT, unless stated otherwise.
Article 4: Content of the offer and the agreement
The offer/agreement shall at least include the following:
Article 5: Changes and additions
Changes or additions to the content of the agreement, including the applicable general terms and conditions, shall only take effect if they are recorded in writing between the Accommodation Provider and the Renter.
Article 6: Payment
6.1 Payment of the rental of the accommodation and any additional services must be made no later than within thirty days after the invoice date.
6.2 The Accommodation Provider may require a prepayment of the rent. This will be further determined in the agreement.
6.3 As soon as the term specified in the first paragraph has been exceeded, the Renter is in default, after which the Renter owes 1% interest per month or part of a month on the full invoice amount, unless the Renter is a private individual.
6.4 Payments made by the Renter shall first serve to reduce all amounts due, starting with the longest outstanding invoices, and then to reduce the interest due, even if the Renter states that the payment relates to a certain invoice.
6.5 Without prejudice to the provisions of the preceding paragraphs, the Accommodation Provider is entitled to claim full compensation from the Renter if the Renter does not fulfil the obligations under the agreement.
Article 7: Cancellation
7.1 The full or partial cancellation of the agreement by the Renter must take place in writing. The date of receipt of the letter by the Accommodation Provider is used to determine the cancellation costs.
7.2 In case of cancellation of one-day and multiple-day meetings, the following applies to all agreements with a reservation value of more than €10,000:
For reservations with a reservation value of less than €10,000, the following provisions apply:
In case of cancellation of individual participants from a group reservation, the following provisions apply:
7 days before the start of the event, the HEX receives the final wishes with regard to the menu choices, after which these will be shared with the caterer at that time;
The HEX will receive the final number of people and any dietary requirements no later than 3 days before the start of the event; these will be shared with the caterer at that time.
Cancellation by HEX at the caterer can take place free of charge, but no later than up to 14 days before the start of the event. In case of cancellation within one week up to and including four days before the start, 50% of the costs will be charged. In case of cancellation within three days before the start of the event, 100% will be charged.
7.3 If the Renter cancels the rental agreement, the Renter shall also owe the Accommodation Provider administrative fees in addition to that which is owed under paragraph 2. These administration costs amount to 5% of the reservation value following from the agreement between the parties.
Article 8: Suspension and dissolution
8.1 If the Renter fails in any payment obligation with respect to the Accommodation Provider, or if the Accommodation Provider may reasonably expect the Renter to fail in the fulfilment of any payment obligation with respect to the Accommodation Provider, the Accommodation Provider shall have the right:
a) to claim security for payment from the Renter for all current agreements;
b) suspend the obligations arising from the agreement with the Renter, both those to which the shortcomings in the payment obligation relate, as well as all agreements between the Accommodation Provider and the Renter, without prejudice to the right to simultaneously claim security for the payment;
c) to dissolve the relevant agreement in whole or in part with immediate effect without judicial intervention, after the Renter has not paid the amount due after a written notice of default by the Accommodation Provider.
8.2 The Accommodation Provider also has the right to terminate the agreement without the obligation to reimburse any damage with immediate effect if it has well-founded reasons after the conclusion of the agreement to assume that during the use of the accommodation damage may be caused to its property or to persons, or if it is expected that the public order will be disturbed.
Article 9: Force Majeure
9.1 In these general terms and conditions, force majeure on the part of the Accommodation Provider is understood to mean any circumstance independent of the Accommodation Provider - even if it had already been foreseen at the time of the conclusion of the agreement - which permanently or temporarily prevents compliance with the agreement, as well as, to the extent that this does not already include such, war, risk of war, civil war, riot, fire, pandemic and other serious malfunctions in the operations of the Accommodation Provider, as well as the impossibility of compliance with the agreement as a result of shortcomings of the persons and/or matters engaged by the Accommodation Provider in the execution of the agreement. In the case that the execution of the agreement is prevented as a result of force majeure, the Accommodation Provider is entitled to suspend the execution of the agreement, or to dissolve the agreement in whole or in part, without being obligated to pay any compensation.
9.2 In any case, the Renter will not be able to invoke force majeure on its side in case (an) important speaker(s) do not appear, the visitor or participant numbers are greatly disappointing or comparable circumstances. The Renter itself must take care of insurance that covers such risks.
Article 10: Liability
10.1 The Accommodation Provider is not liable for damage and/or losses suffered by the Renter or third parties in connection with or as a result of the non-execution, non-timely or improper execution of the agreement. The Renter indemnifies the Accommodation Provider against all claims by third parties associated with the agreement, unless the damage is the direct consequence of intent or gross negligence by the Accommodation Provider.
10.2 The Renter will fully compensate the Accommodation Provider for all damage to property and persons that may arise for it, the staff or its executors from or as a result of actions on the part of the Renter, its staff, visitors to the accommodation or participants in the accommodation or of other persons for whom the Renter has concluded the agreement with the Accommodation Provider.
10.3 The Renter indemnifies the Accommodation Provider against claims from third parties with regard to infringement of copyrights and/or industrial property rights as a result of services to be provided by the Accommodation Provider for the Renter.
10.4 The Accommodation Provider is not liable for the loss of goods of the Renter, or of goods that were delivered by third parties on behalf of the Renter.
Article 11: Rental of other space
The Accommodation Provider has the right to provide the Renter with a meeting or conference space that is comparable to the one that should be provided in accordance with the agreement.
Article 12: Provision of information
The Renter is obliged to provide the Accommodation Provider, in a timely manner, with all (further) information that may reasonably be relevant in connection with the implementation of the agreement.
Article 13: Equipment
13.1 If the Renter wishes to use audio-visual equipment, stands, lighting, decorations and decor, computers, cabling, etc. (hereinafter “equipment”), these shall be made available and operated, insofar as possible and unless otherwise agreed, by the Accommodation Provider. They will be considered as additional services and will be included in the agreement. Bringing your own equipment or third-party equipment, as well as operating it yourself or having it operated by third parties, requires the express written permission of the Accommodation Provider. Except in the case of intent or gross negligence, the Accommodation Provider is not liable for damage to or arising from the use and/or operation of equipment provided by the Accommodation Provider and operated by or on behalf of the Accommodation Provider. The Accommodation Provider is not liable in any way for damage resulting from the use and/or operation of equipment not provided by the Accommodation Provider itself.
13.2 For the use of audio-visual equipment using sound enhancers and for live music, guidelines have been drawn up regarding maximum permitted sound volume, measured in the room. These guidelines are: up to 11:00 p.m. maximum 85 DB(A) and after 11:00 p.m. maximum 80 DB(A).
Article 14: Catering
14.1 The Renter is obliged to purchase (services related to) food and beverages (catering) from the Accommodation Provider, or from a third party to be designated by the Accommodation Provider. Any other form of catering requires the express and written consent of the Accommodation Provider. The Accommodation Provider will charge a kick-back fee, if the Renter takes care of the catering itself. The amount of the kickback fee is determined in more detail in the agreement.
14.2 The Accommodation Provider will receive, by email, the number of people requiring catering no later than 7 days prior to the event. The Accommodation Provider will be given the final number of people and any dietary requirements no later than 3 days before the start of the event. Changes after 3 days prior to the event will be fully charged. These additional work costs will be calculated afterwards.
Article 15: Changes to the rented property
15.1 Without the prior written permission of the Accommodation Provider, the Renter is not permitted to make changes to the rented property, to install large and/or heavy objects or to hang decorations, signs or posters. The costs associated with hanging the objects shall be borne by the Renter.
15.2 The Renter is obliged to remove the objects brought along at its own expense and to restore the rooms to their original state.
Article 16: Photography, film and audio recordings
Prior written permission from the Accommodation Provider is required for photographing as well as making film and audio recordings for commercial purposes, i.e. for publication and/or sale outside the circle of the Renter.
Article 17: Advertisements and sales
Advertising or selling products and/or services in the rented accommodation is not permitted, unless the Accommodation Provider has granted written permission to do so and/or an agreement has been reached about any compensation.
Article 18: Subletting
The Renter is not permitted to rent (any part of the) the rented property to a third party or to use it for another purpose than was previously known to the Accommodation Provider.
Article 19: Permits
All permits related to the meeting must be requested by the Renter. The Renter shall bear the costs for the application and/or the maintenance of the permits. The Accommodation Provider can act as an advisor in this regard. The Accommodation Provider has the necessary catering and other permits associated with the operation of the Accommodation Provider.
Article 20: Execution rights
The Renter itself is responsible for obtaining execution rights and for the payment thereof and all associated costs. The Renter indemnifies the Accommodation Provider against claims from third parties.
Article 21: Rental period
The Accommodation Provider has the right to vacate the rented property when the rental period has expired.
Article 22: Access to the complex
22.1 The complex is accessible for the delivery of goods, on business days from 8:00 a.m. to 10:00 p.m. and on weekends from 9:00 a.m. to 10:00 p.m. The supplier’s entrance at the rear of the accommodation, Eerste van der Helststraat 4, 1072 NV Amsterdam, must be used for the delivery of goods, unless otherwise indicated.
22.2 The Accommodation Provider shall at all times be entitled to refuse access to individual persons.
22.3 The accommodation is only accessible to persons over 18 years of age.
Article 23: Emergency exit
Emergency exits, emergency lighting, fire extinguishing equipment and fire alarms may not be blocked or removed.
Article 25: General power of instruction
The Renter is obliged to follow the instructions of (staff of) the provider of the accommodation with regard to the use of the leased property.
Article 26: Disputes
All disputes with regard to an agreement to which these general terms and conditions apply in whole or in part, or in response to further agreements, which are a result of such agreement, shall be submitted to the competent court in Amsterdam.
Article 27: Applicable law
Dutch law applies to every agreement between the Accommodation Provider and the Renter.
Amsterdam, November 2021