General terms and conditions
Our general terms and conditions
These general terms and conditions apply to any quotation, offer and/or agreement between Akoesticum and a Client. An agreement comes into effect upon the signing of a written agreement by both parties and confirmation thereof by Akoesticum. An agreement is deemed to be legally valid as soon as Akoesticum has confirmed the realisation thereof in writing (which in these general conditions should also be understood to mean digitally) to the Client. The agreement cannot be transferred to third parties without the consent of Akoesticum.
Akoesticum has the right to adjust prices and conditions.
Definitions:
Akoesticum
Akoesticum Foundation, visiting address Nieuwe Kazernelaan 2D42, 6711 JC in Ede, registered with the Chamber of Commerce under number 50284428.
Client
Any natural or legal person with whom Akoesticum has concluded or intends to conclude an Agreement (offer stage).
Service
The provision by Akoesticum of accommodation and/or food and/or beverages and/or the provision of (hall) space, all with all related activities and services, and all in the broadest sense of the word.
Guest
The natural person who is part of a group of the Client.
No-show
The non-use, without cancellation, by the Client and/or Guest of a Service to be provided under the Agreement.
Optional reservation/Option
A preliminary not yet final no-obligation reservation.
Agreement/reservation
The (written) agreement between Akoesticum and the Client pursuant to which Akoesticum provides Services at a price to be paid by the Client. Instead of the term Agreement, the term reservation is also used.
Cancellation
The notification in written form by the Client to Akoesticum that one or more agreed Services will not be used in whole or in part.
Changing the arrival date of the agreed Service is also considered a Cancellation.
Changes to the agreed Service resulting in a shorter stay are also considered as Cancellation.
Reservation value
The agreed total turnover value of the reservation including accommodation tax (if applicable) and VAT.
1. General rights and obligations
The Client and/or guest is obliged to comply with the house rules and to follow the reasonable instructions of (the staff of) Akoesticum. Reasonable instructions may be given verbally. The house rules will be sent by Akoesticum on request and can also be consulted at the accommodation.
2. Optional booking
A quotation request is non-binding and does not commit you to anything. Optional reservations are granted with a predetermined due date.
If another potential Principal reports in the interim, we will contact the Principal. We then request the Client to decide within 24 hours whether the Option can be converted into a definite reservation or irrevocably lapses.
3. Final booking
The Service is definitively reserved for the Customer when a signed offer or written confirmation has been received at Akoesticum and Akoesticum has confirmed this establishment of the Final Reservation in writing.
4. Deposit
In case of a definite reservation Akoesticum will send a request for payment of a deposit. A deposit only serves as security for Akoesticum and does not count as already realised turnover.
If timely payment is not made by the Client, Akoesticum may recover from the deposit for all that is owed by the Client. Akoesticum shall immediately set off the amount due by the Customer under the agreement against the deposit. The surplus shall be refunded by Akoesticum to the Client without delay. If Akoesticum does not receive the deposit on time, Akoesticum reserves the right to cancel the reservation free of charge and/or deny the Client and/or Guest access to the accommodation.
By entering into the agreement, the Customer consents to any cancellation charges being deducted from any deposit.
5. Changes
Changes to a reservation must be requested in writing and are only final after written confirmation by Akoesticum. Changes are subject to availability and may incur additional costs.
6. Number of Guests
For booking purposes, Akoesticum assumes the number of guests as stated in the agreement.
If the Customer expects additional guests, the Customer must inform Akoesticum as soon as possible. Increasing the number of guests is only possible in consultation and agreement with Akoesticum booking team.
If more guests appear on the day of performance than the agreed number of guests, Akoesticum is entitled to refuse admittance of guests, among other things in view of the safety of the other guests.
Subject to the condition below, the number of guests can be reduced once only for catering: Up to 14 days before arrival, a maximum of 25% of the number of Guests communicated at reservation may be reduced for catering free of charge. If the reduction exceeds 25% of the number of guests for catering, Akoesticum will apply the cancellation conditions as stated in article 7. After this, downward adjustments are no longer possible.
7. Cancellations
A cancellation must always be communicated in writing by the (main) contact person of the booking. The cancellation is only final after Akoesticum has confirmed it in writing. Akoesticum applies two different cancellation conditions for reservations with a booking value under and or up to € 50,000 and for reservations with a booking value from € 50,000.
7.1 In case of cancellation of full and/or partial reservations with a booking value below or up to €50,000, the cancellation conditions below apply. Cancellation charges are calculated on the Reservation Value.
- Cancellation more than 3 months before arrival: no fees
- Cancellation more than 2 months to 3 months before arrival: 15% cancellation fee
- Cancellation more than 1 month to 2 months before arrival: 35% cancellation fee
- Cancellation more than 14 days up to 1 month before arrival: 60% cancellation fee
- Cancellation more than 7 days to 14 days before arrival: 85% cancellation fee
- Cancellation within 7 days before arrival: 100% cancellation fee
- 7.2 When cancelling all and/or part of a booking with a booking value of €50,000 or more, the cancellation conditions below apply. Cancellation charges are calculated on the Reservation Value.
- Cancellation more than 3 months to 6 months before arrival: 15% cancellation fee
- Cancellation more than 2 months to 3 months before arrival: 25% cancellation fee
- Cancellation more than 1 month to 2 months before arrival: 35% cancellation fee
- Cancellation more than 14 days up to 1 month before arrival: 60% cancellation fee
- Cancellation more than 7 days to 14 days before arrival: 85% cancellation fee
- Cancellation within 7 days before arrival: 100% cancellation fee
8. Cancellation by Akoesticum
8.1 Akoesticum is entitled to cancel an agreement at any time subject to this article, unless otherwise agreed.
8.2 In addition to what has already been laid down in these conditions, Akoesticum is entitled to cancel the agreement immediately if: a) The customer does not comply with the obligations resulting from the agreement, general terms and conditions or any further house rules or instructions made known. b) There are sufficient indications that the gathering to be held in Akoesticum on the basis of the agreement is of such a different nature than could be expected on the basis of the announcement made by the customer or on the basis of the capacity of the customer or guests, that Akoesticum would not have concluded the agreement if it had been aware of the actual nature of the gathering. c) There are other compelling reasons including business closure or suspension of payments.
8.3 Akoesticum is entitled, instead of exercising its authority referred to in the previous provision, to impose further requirements with regard to the conduct of the relevant event. If there are sufficient indications that these further requirements are or will be insufficiently met, Akoesticum is still entitled to cancel the agreement immediately.
8.4 Cancellation by Akoesticum pursuant to 8.2 under a) and b) will be subject to a cancellation fee payable by the Customer in accordance with the cancellation fees as set out in the General Conditions of Akoesticum. Akoesticum does not owe any costs to the Customer and the customer/guest will not receive any compensation.
8.5 In case of cancellation by Akoesticum pursuant to article 8.2 under c) and where the ground is due to acts, omissions or behaviour of the Customer or his guests, article 8.4 shall apply. If the ground for cancellation by Akoesticum cannot be attributed to the Customer or his guests, no cancellation fee will be payable by the Customer/guest, otherwise article 8.4 remains applicable.
9. No show and/or early departure
The Client guarantees the arrival of the final number of guests.
In case of no-show and/or early departure of the guest(s), Akoesticum will charge for the entire reservation.
10. Catering
Catering is provided in the Akoesticum premises by caterer Kookkazerne.
Consuming your own food and/or drinks is not allowed inside Akoesticum. Drinks can be ordered in the café until 23:30.
Akoesticum only serves alcohol to visitors aged 18 and over.
Akoesticum is licensed until 0.00. At 23.59, the café closes.
11. Invoicing
The final invoice will be sent in writing no later than 14 days after the event.
12. Prices
The prices stated in an offer or agreement are based on the cost factors applicable at the time the offer or agreement was made. Akoesticum reserves the right, if after the date on which the agreement has been made but before the day of delivery, increases in one or more cost factors occur, to charge these increases to Client. Akoesticum is also entitled to apply an annual price adjustment in January of each year.
13. Payment
If payment is not made on time, the Client shall be in default without any notice of default being required. If the customer is in default he must reimburse Akoesticum for all collection costs. For private customers the extrajudicial collection costs are calculated in accordance with the Collection Costs Act and for business customers a percentage of 15% of the outstanding invoice amount with a minimum of € 50,-.
14. Liability
14.1 The contract is performed at the expense and risk of the Client. The Client is obliged to take appropriate measures to prevent and limit damage to the rented object - and to the extent he has the possibility to do so to (the contents of) the building or complex of which the rented object is a part and to neighbouring buildings - such as damage resulting from short-circuiting, fire, leakage, storm, frost, inflow and outflow of gases or liquids, as well as damage resulting from weather influences. Customer is obliged to immediately inform Akoesticum of any damage or event of a similar nature that has occurred or is imminent. Customer is also responsible for the guests and/or other third parties engaged by him/her or involved in the Agreement and what results therefrom. The Customer indemnifies Akoesticum for claims of third parties.
14.2 The Client is (jointly and severally) liable to Akoesticum for all direct, indirect and consequential damages suffered by Akoesticum as a (in)direct result of the acts or omissions, non-performance and/or wrongful acts of the Client, its guests or third parties engaged by the Client. This also applies to damage caused by pets and/or goods brought along.
14.3 Akoesticum is not liable for damage arising from the Agreement, or defects with respect to the hired room or otherwise, unless there is intent or wilful recklessness on the part of Akoesticum. Any other form of liability is excluded.
14.4 If and insofar as Akoesticum may (nevertheless) be liable, Akoesticum's liability shall in all cases be limited to direct damage and to the amount paid out by its liability insurance, increased by the excess. If and for whatever reason no payment is made and Akoesticum would nevertheless be liable to pay compensation, such liability shall be limited to the amount of the reservation value of the Agreement. An accumulation of several claims within one Agreement shall be considered as one event.
14.5 Akoesticum shall never be liable for damage caused to or with vehicles of the guest, except if and insofar as the damage is the direct result of intent or gross negligence of Akoesticum.
14.6 Akoesticum shall not be liable for any damage caused directly or indirectly as a result of any defect, quality or circumstance to, in or on any movable or immovable property of which Akoesticum is the holder, (hereditary) tenant, lessee, owner, or which is otherwise at its disposal, except in the case of intent or gross negligence.
14.7 Akoesticum is not liable for damage caused by the actions of third parties it has engaged.
14.8 Akoesticum is not liable for any theft, damage or loss of goods, which have been brought into the Akoesticum premises by the Customer, his guests or third parties, have been deposited or left there by them and/or have been left in the custody of Akoesticum. Customer shall indemnify Akoesticum against any claims of guests in this respect.
14.9 The Client/Guest is responsible for the accuracy and completeness of all information and data provided to Akoesticum, including but not limited to all relevant information regarding the performance of the Agreement and allergies. Akoesticum is not liable for any damages resulting from its actions if they are based on incorrect or incomplete information provided by the Client/Guest.
14.10 Akoesticum will reasonably take into account any allergies reported, but does not guarantee that food and beverage products are free of all (traces of) allergens or dietary requirements, unless expressly agreed otherwise in writing. Akoesticum shall not be liable for any damage resulting from consumption of food or drink due to an allergic reaction or dietary requirement.
14.11 It is the responsibility of the Client to ascertain before entering into the Agreement whether any venue hired is suitable for the intended purpose. If this is not the case, this is for the account and risk of the Customer and Akoesticum is not liable for any damage. In such cases the full rental fee must be paid. A possible reduction of the (rental) enjoyment (of the services of Akoesticum), for example as a result of any defects, does not entitle the guest to reduction of the price or dissolution of the agreement.
14.12 Akoesticum only provides non-binding advice and is not liable for the content and/or consequences of the advice it provides.
14.13 Consequential and indirect damages include at least, but not exclusively, delay damages, trading losses, lost profits, missed savings, reputational damage, business stagnation, reduced goodwill, damages that are not directly (causally) related to the failure.
14.14 The Client is required to arrange its own adequate insurance, including but not limited to liability insurance and, if applicable, event insurance.
Article 15 Force majeure
15.1 There is force majeure for Akoesticum in case of a circumstance which cannot be attributed to Akoesticum, but which interferes with the performance of the agreement by Akoesticum to such an extent that the performance of the agreement becomes impossible or difficult. In such a case there is a non-attributable failure of Akoesticum.
15.2 Force majeure includes (but is not limited to) revocation of permits, national mourning, prevention and interruption of transport facilities as a result of which required products/ items cannot be delivered, staff shortages, disruptions at Akoesticum and impediments caused by measures, laws or decisions of international, national and regional (government) bodies.
15.3 In the event of force majeure, the parties shall consider in mutual consultation and in all reasonableness, whether the agreement can be suspended or adapted to the new situation, e.g. by amending and/or moving the agreement. Cost reductions and/or cost increases as a result of the aforementioned adjustments shall be entirely at the expense and risk of the client.
15.4 If suspension or adjustment proves impossible, Akoesticum and the client are entitled to dissolve the agreement or the part not yet performed due to force majeure. Akoesticum shall in all cases remain entitled to the full agreed reservation value, reduced by all cost reductions and increased by all cost increases as a result of such dissolution. With private customers - with respect to that part of the agreement that qualifies as a contract for services - the actual costs incurred and a reasonable wage shall be reimbursed by the client instead of the reservation value for that part of the agreement.
15.5 Akoesticum is not liable for force majeure situations. Client should insure himself against the financial risks of force majeure if required.
Article 16 Epidemic diseases/Covid
16.1 This article contains additional agreements on epidemic and contagious diseases, such as Covid-19 (hereinafter collectively: epidemic diseases) and applies if an agreement cannot be performed in the agreed form due to government measures. 'Government measures' means the government regulations and measures in force at the time in connection with epidemic diseases.
16.2 This article only comes into effect after the government measures are implemented, until then the regular agreements made between the parties apply. This article prevails over the agreement and general terms and conditions in force between the parties.
16.3 Akoesticum makes every effort to comply with government measures in the performance of the agreement.
16.4 The client must ensure that guests observe government regulations during performance of the contract.
16.5 Akoesticum is not responsible or liable for non-compliance with government regulations by the client and/or guests. The client indemnifies Akoesticum against any claims.
16.6 If an agreement cannot be performed in the agreed form as a result of government measures, the parties consider this to be force majeure due to epidemic diseases and the force majeure provisions in these General Terms and Conditions shall apply.
16.7 The (temporary) suspension of services/suspension of an agreement due to non-compliance with government measures by client/guests does not constitute force majeure.
16.8 It is assumed that the agreement will be adapted to government measures. Akoesticum and the client/guest will consider in mutual consultation whether adjustment is possible, whereby both parties will act solution-oriented, reasonable and fair.
16.9 If the agreement is amended in accordance with the foregoing provision, the booking value agreed between Akoesticum and the customer shall remain payable to Akoesticum, on the understanding that all cost reductions shall be deducted from this and all cost increases shall be increased. Akoesticum shall make every effort to minimise cost increases and maximise cost reductions. The client understands that Akoesticum is partly dependent for this on all suppliers involved and the conditions applied by them.
16.10 If the agreement cannot be adapted to government measures, the starting point is that the time of performance of the agreement will be moved. Akoesticum and the client will assess in mutual consultation whether rescheduling is possible, whereby both parties will act solution-oriented, reasonable and fair.
16.11 If a date from the agreement is changed, the reservation value agreed between Akoesticum and the client will remain payable to Akoesticum, with the proviso that all cost reductions will be deducted from this and all cost increases increased. Akoesticum shall make every effort to minimise cost increases and maximise cost reductions. The client understands that Akoesticum is partly dependent for this on all suppliers involved and the conditions applied by them.
16.12 If the agreement cannot be amended under this article, it may be terminated by either party with the services being cancelled by Akoesticum. If the agreement is terminated and the service is cancelled by Akoesticum, the reservation value agreed between Akoesticum and the client shall remain payable to Akoesticum, subject to the deduction of all cost reductions and the addition of all cost increases. Akoesticum shall make every effort to minimise cost increases and maximise cost reductions. The client understands that Akoesticum is partly dependent for this on all suppliers involved and the conditions applied by them. If the client is a private client, for - with respect to that part of the agreement which qualifies as a contract for services - the actual costs incurred and a reasonable wage should be reimbursed by the client instead of the reservation value for that part of the agreement.
17. Personal data
Akoesticum processes personal data provided by the customer in accordance with the AVG. The customer guarantees that the data subjects whose personal data is provided have been informed about the processing of their data by Akoesticum.
18. Final provision
These general terms and conditions and the agreement are exclusively governed by Dutch law. Akoesticum is entitled to change these general terms and conditions unilaterally. In that case Akoesticum will timely notify the customer of the changes. There will be at least one month between this notification and the coming into force of the changed conditions.