General terms and conditions
Article 1 - applicability
- This document contains the terms and conditions which apply to all contracts concluded between us for and in connection with the organisation of your event and/or order to Vel’Or.
- If we make an agreement after you have agreed to the general terms and conditions and this agreement conflicts with a provision of the general terms and conditions, our agreement will take precedence over the relevant provision.
Article 2 - contract for services
The contract(s) which we conclude with each other on the basis of which Vel’Or Event Agency organises your event is a ‘contract for services’, unless we explicitly agree otherwise in writing.
Article 3 - formation of contract
- Our offers and quotations are valid for thirty days, unless we agree on a different period in our offer. After this period, you are of course free to request a new offer.
- A Contract is concluded when you have agreed to an offer or to a valid quotation and/or estimate (“Contract”) orally, in writing or by email. We will confirm the contents of the Contract with an “Order Confirmation”, unless the order concerns a relatively small or ad hoc order.
Article 4 - communication
- For a successful cooperation it is necessary that you inform us as well and as promptly as possible about everything that you know or can know is important for a good performance of the Contract.
- We accept no liability for damage that is partly the result of inadequate, incomplete or late information provided by you.
- Vel’Or Event Agency organises and takes care of all your needs with great pleasure. Therefore all communication with suppliers goes through us – before, during and after the event. For reasons of consistency, we would like to agree with you that you should always address all questions to Vel’Or Event Agency, and not directly approach the suppliers or other third parties engaged by us.
Article 5 - invoicing
- After the conclusion of the Contract, Vel’Or Event Agency will invoice 100% of the total amount quoted in the Order Confirmation or in the approved offer (“Order Amount”) for a total quoted amount of € 5000,- or less, unless explicitly agreed otherwise in writing. Fo a total quoted amount in excess of € 5000,- Vel’Or Event Agency will invoice 30% of the total amount quoted included in the Order Confirmation or in the agreed offer (“Order Amount”), unless explicitly agreed otherwise in writing. After full payment (in cases of a total quoted amount of € 5000,- or less) or deposit (for quotations exceeding € 5000,-) is received, the options included in the Contract (such as date and location) will be confirmed. Before that moment, no rights can be derived from the options mentioned in the Contract and/or Order Confirmation.
- For a total quoted amount of € 5000,- or less, 100% of the Order Amount has to be paid no later than fourteen days before the start of the event. Vel’Or Event Agency will send an invoice in time for this. For a total quoted amount exceeding € 5000,- 90% of the quoted amount must be paid no later than fourteen days before the start of the event. Vel’Or Event Agency will send an invoice in time for this.
- For quotations exceeding € 5000,- Vel’Or Event Agency will send a final invoice after the event has taken place in which the remaining 10% of the Order Amount will be charged, as well as the items which according to the Contract will be invoiced on the basis of subsequent calculation and/or concern additional work.
- The invoices of Vel’Or Event Agency must be paid within fourteen days of the date of invoice, without setoff or suspension. We thank you in advance for your cooperation.
- Any advance payment made by you may be set off by Vel’Or Event Agency against the oldest outstanding invoice or against the outstanding claim for damage to the property of Vel’Or Event Agency and/or its suppliers.
- If payment of one or more invoices is not forthcoming, Vel’Or Event Agency may choose to suspend its activities until the outstanding invoices have been settled. Vel’Or Event Agency accepts no liability for any damage resulting from this suspension.
Article 6 - subsequent calculation and contract extra's
- All prices mentioned in the quotation, Contract, offer and Order Confirmation are exclusive of turnover tax and do not include the charges payable to BUMA/STEMRA and/or SENA.
- The activities carried out by Vel’Or Event Agency because of a change in the Contract, due to an extra request from your side, qualify as contract extras. Vel’Or Event Agency has the right to charge the contract extras in the final invoice.
- The costs for the contract extras will be communicated to you as soon as possible. In case of contract extras as a result of changes in the Contract which are requested by you on the day before or at the event itself, the communication about the costs of the contract extras will only take place after the event. In that case Vel’Or Event Agency is also entitled to charge you for the costs of the contract extras.
- The amounts stated in the Contract are final. It is never pleasant to be faced with unexpected costs afterwards. However, in a number of cases it is justified to charge contract extras:
- in the event of a deviation from the estimated number of guests by more than 10%;
- in the event of unexpected weather conditions that require additional provisions and/or precautionary or other measures;
- if extra facilities and/or safety or other measures have to be taken by order of the event location or any other third party.
Article 7 - liability
- Vel’Or Event Agency will perform the Contract with the utmost precision and care. Except in the event of an intentional act or omission or deliberate recklessness, Vel’Or Event Agency accepts no liability for any damage or loss, on whatever legal grounds, caused in or during the performance of the Contract.
- In the event that Vel’Or Event Agency’ liability is established, Vel’Or Event Agency’ liability is limited to direct damage or loss.
- Direct damage or loss means, for example, the costs associated with:
- determining the extent of the damager or loss;
- limiting the damage or loss;
- solving the error.
- Vel’Or Event Agency accepts no liability for indirect damage or loss, such as consequential damage, immaterial damage, loss of profit, loss as a result of business stagnation, damage to image, missed savings, etc.
- Vel’Or Event Agency is liable for direct damage or loss up to the total amount invoiced to you for the activities related to the damage or loss, which amount will in no case exceed the amount reimbursed by Vel’Or Event Agency’ insurer.
- Vel’Or Event Agency accepts no liability for damage or loss caused by third parties. Any claims will be lodged directly with the third party. In the event that Vel’Or Event Agency’ liability is established, the provisions regarding liability in Articles 7.1 to 7.5 will also applies to damage or loss caused by third parties.
- You hereby indemnify Vel’Or Event Agency against claims from third parties (e.g. your guests or visitors at the event) for damage or loss caused during the performance of the Contract, and which is the result of faulty or incomplete information and/or negligence on your part.
- If you hold Vel’Or Event Agency liable, this will not suspend your obligation to pay, i.e., you will remain obliged to fulfil your payment obligations.
- Damage, whether imminent or not, must be reported to Vel’Or Event Agency as soon as possible so that damage control measures can be taken.
- Complaints must be made in writing within ten days after the date of the event and/or the order – Vel’Or Event Agency will no longer handle the complaint/report after this period.
- The use of the hired or other goods of suppliers and/or Vel’Or Event Agency is at your risk. Damage to these goods caused by you and/or visitors of your event in connection with and/or during the event, will be compensated by you to Vel’Or Event Agency. The damage will be charged in the final invoice after the event.
- In deviation from the statutory limitation period, the limitation period for all claims and defences against Vel’Or Event Agency and third parties involved in the performance of the Contract by us, is one year. Every claim for compensation expires if Vel’Or Event Agency is not notified in writing within this period.
Article 8 - termination and cancellation
- Vel’Or Event Agency will make its offer with the utmost care, bringing together the best suppliers for a successful organisation of your event. After your approval of Vel’Or Event Agency’ offer and a Contract has been concluded, Vel’Or Event Agency will enter into several contracts with these suppliers. Therefore it is not always possible for you to go back on our Contract (free of charge) by means of cancellation or termination. Vel’Or Event Agency will charge the quoted amount, or a part thereof, in the following situations:
- 0 to 10 days before the start of the event: 100%.
- 10 to 14 days before the start of the event: 75%.
- 14 to 30 days before the start of the event: 50%.
- 30 to 60 days before the start of the event: 25%.
- Vel’Or Event Agency has the right to terminate the Contract with immediate effect without judicial intervention or notice of default, if you or your company:
- has applied for or been granted a suspension of payments;
- has been declared bankrupt or a request for bankruptcy has been filed;
- Vel’Or Event Agency has failed to meet an obligtion or it is foreseeable that this will happen.
- Termination of the Contract because of a failure in the performance of the Contract by Vel’Or Event Agency is permitted only if we have been declared in default by you and have been given a reasonable time to remedy the failure and the seriousness of the failure justifies the consequences of the termination.
- If Vel’Or Event Agency has already performed the Contract, or a part thereof, at the time of termination, these performances and the related payment obligation will not be part of the obligation to undo. Amounts invoiced by Vel’Or Event Agency in connection with what we have properly carried out or delivered in performance of the Contract remain due in full in the event of termination and become immediately due and payable at the time of termination.
Article 9 - intellectual property rights
- Vel’Or Event Agency works with a fantastic network of suppliers, creatives and designers, enabling Vel’Or Event Agency to offer you a unique and authentic event. Of course Vel’Or Event Agency grants you the right of use of the intellectual property rights on everything (“Materials”) produced for your event and in performance of our Contract.
- However, this right of use is limited to the purpose for which the Materials were developed: your event/order. It is therefore not permitted to use the Materials (such as illustrations, documents, sketches and logos) to which intellectual property rights apply, for any other commercial or other purpose than for your event or the promotion of your event, without our explicit permission.
- Vel’Or may use its own images and photographs of its events for promotional purposes, for instance on social media and on its website. Without any notification to the contrary, Vel’Or Event Agency trusts that you agree with this. Should you object to this or wish to attach certain conditions thereto, please let us know.
Article 10 - applicable law
- Our legal relationship is exclusively governed by Dutch law.
- Disputes relating to our Contract or these general terms and conditions, and everything related or resulting therefrom, will be submitted to the competent court in Rotterdam.