General Terms and Conditions
– Definitions
– General / Applicability
– Quotations and offers
– Offer, execution, and amendment of agreements
– Liability
– Third parties
– Customer obligations
– Payments & payment terms
– Changes, cancellations, or rescheduling
– Force majeure
– Suspension and termination
– Intellectual property rights
– Retention of ownership
– Indemnity
– Warranty
– Complaints
– Disputes
1. Definitions
In these General Terms and Conditions, the following terms shall have the meanings ascribed to them:
1(a). Foundation D.N.R.T., located at Joop den Uyllaan 107, 3119 VJ Schiedam, registered with the Chamber of Commerce under registration number 27172026.
1(b). Customer: any natural or legal person with whom D.N.R.T. has directly or indirectly entered into an Agreement or intends to do so, including anyone attending or participating in an event organized by D.N.R.T.
1(c). Event/Services/Service Provision: events, services, deliveries, activities covered by the Agreement.
1(d). General Terms and Conditions: these present General Terms and Conditions of D.N.R.T.
2. Applicability
2.1 These General Terms and Conditions apply to all quotations, offers, and agreements of D.N.R.T., unless expressly and in writing deviated from.
2.2 General terms and conditions or other conditions of the Customer are explicitly rejected.
2.3 If one or more provisions in the General Terms and Conditions are or become wholly or partially void or are annulled at any time, this does not affect the validity of the other provisions, and the relevant provision will be replaced by a provision that closely approximates the original provision.
3. Quotations and Offers
3.1 Quotations and offers from D.N.R.T. are without obligation unless expressly agreed otherwise.
3.2 D.N.R.T. is not obliged to honor its quotations or offers if the Customer can reasonably understand that the quotation or offer contains an obvious mistake or clerical error.
3.3 The prices stated in a quotation or offer include VAT and administrative costs, unless D.N.R.T. indicates otherwise.
4. Execution and Amendment of Agreements
4.1 D.N.R.T. is authorized to change, reschedule, cancel an event, and/or modify or replace items provided if D.N.R.T. deems it necessary for proper functioning and/or for the safety of individuals, without any obligation to compensate the Customer.
4.2 D.N.R.T. is authorized to involve third parties in the execution of the agreement without notifying the Customer.
4.3 D.N.R.T. is authorized to organize multiple events with multiple Customers simultaneously at the same location, to the extent that the size of this location allows it.
4.4 D.N.R.T. is authorized to require the Customer (and/or the legal representative for minors) to sign a waiver/exoneration declaration before participating in an event. If the Customer does not sign this waiver/exoneration, D.N.R.T. has the right to exclude the Customer from participation.
5. Liability
5.1 Participation in activities and entering locations used by D.N.R.T. in the execution of its agreements (such as circuits, paddocks, and catering areas) is at the Customer’s own risk.
5.2 D.N.R.T. is not liable for damage incurred by the Customer during an event, directly or indirectly, of any kind, such as injuries, fractures, physical or mental injury, or damage resulting from death.
5.3 D.N.R.T. is not liable for the loss, theft, or damage to property.
5.4 If D.N.R.T. were to be liable, its liability is limited to the amount paid out by its insurance, increased by the deductible amount specified in the insurance policy. If, for any reason, no payment is made under the insurance, liability is always limited to the invoice amount with a maximum of €10,000.
5.5 D.N.R.T.’s liability is at all times limited to direct damage. D.N.R.T. is not liable for indirect damage, including consequential damage.
5.6 The Customer is deemed to be aware that vehicles at an event are not insured in accordance with the Motor Vehicle Liability Insurance Act (WAM). In the event of a collision, crash, or reckless driving resulting in damage, the other party may hold the Customer liable.
5.7 D.N.R.T. may hold the Customer liable if a vehicle incurs damage due to the Customer’s negligent actions.
5.8 Parents or legal representatives always bear the full risk of damage if a minor (<18 years) attends or participates in an event, accepting this increased risk.
5.9 D.N.R.T. is not obligated to compensate for any damage if the Customer does not comply with its obligations, as mentioned in Article 6 of the General Terms and Conditions. This also includes situations where the Customer has provided incorrect or incomplete information to D.N.R.T.
5.10 The limitations of liability mentioned in Articles 5.1 to 5.9 do not apply to the extent that damage results from intentional or willful recklessness of D.N.R.T.
5.11 The Customer must sign a waiver/exoneration for participation. When signed, the content of this waiver/exoneration takes precedence over the General Terms and Conditions.
6. Customer Obligations
6.1 The Customer is always obligated to follow instructions, guidelines, regulations, and house rules of D.N.R.T. and to treat the items provided as a good custodian.
6.2 The Customer will always provide D.N.R.T. with all cooperation and information in a timely manner, necessary or useful for D.N.R.T. to perform the services or deliveries.
6.3 The Customer is obliged to be in good health when participating in D.N.R.T.’s activities. The Customer is not allowed to participate in an event with health complaints such as back, neck, and/or heart problems, shortness of breath, or under the influence of medication, drugs, or alcohol, or in the case of pregnancy.
6.4 Pets are not allowed at an event.
6.5 D.N.R.T. is authorized to exclude the Customer from (further) participation if the Customer does not comply with any instruction or regulation or if, in D.N.R.T.’s opinion, the Customer is not capable of participating responsibly in an event. In case of exclusion from participation, the Customer is not entitled to a refund of any amount already paid, nor any other compensation for damage or costs.
7. Payments
7.1 Payment must be made within 14 days of the invoice date, unless otherwise agreed.
7.2 The Customer must pay any remaining amounts invoiced after calculation (additional participants and/or consumption) within 14 days of the invoice date, unless otherwise agreed.
7.3 If the Customer is in default with the timely payment of an invoice, the Customer is automatically in default. The Customer then owes interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due.
7.4 If the Customer is in default with the timely payment of an invoice, D.N.R.T. has the right to terminate the agreement and pass on cancellation costs, taking into account the provisions of Article 8 of these General Terms and Conditions.
7.5 If, after a demand
for payment, the Customer remains negligent in paying the amount due, increased by legal interest, D.N.R.T. can assign the claim for collection. In that case, the Customer is obliged, in addition to payment of the principal sum and interest, to reimburse all extrajudicial (at least 15% of the principal sum) and possibly judicial costs, in addition to any costs determined by the court.
8. Force Majeure
8.1 D.N.R.T. is always entitled to cancel an event or part of an event due to force majeure.
8.2 In the event of force majeure, as mentioned in paragraph 1 of this article, the Customer is only entitled to a refund of amounts prepaid by her if and to the extent that they relate to performances that have not been fully performed under the agreement. Any other claim, including compensation, is expressly excluded.
9. Suspension and Termination
9.1 D.N.R.T. is authorized to suspend or terminate the agreement if:
– The Customer fails to fulfill any obligation, or does so incompletely;
– The Customer has not paid the deposit;
– There is a well-founded reason to fear that the Customer cannot properly fulfill its obligations.
9.2 If the Customer applies for a moratorium on payment, enters into debt restructuring, its bankruptcy is requested, or if the Customer can no longer freely dispose of its assets, D.N.R.T. is authorized to terminate the agreement with immediate effect.
9.3 If D.N.R.T. terminates the agreement, all claims against the Customer become immediately due and payable. If D.N.R.T. suspends the performance of its obligations, it retains its rights under the law and the agreement.
9.4 D.N.R.T. always reserves the right to claim damages from the Customer.
10. Intellectual Property Rights
10.1 The Customer must always fully respect the intellectual property rights of D.N.R.T.
10.2 D.N.R.T. is authorized to make visual and/or audio recordings during an event where the Customer is visible and to publish them.
11. Complaints
11.1 Complaints must be communicated to D.N.R.T. in writing and with reasons within 8 days of the occurrence of the complaint. After this period, the Customer is deemed to have approved the product or service delivered by D.N.R.T.
11.2 Complaints about invoices from D.N.R.T. must be communicated in writing and with reasons within 8 days of the invoice date. After this period, the Customer is deemed to have approved the invoice.
12. Disputes
12.1 Dutch law applies to all agreements and other legal relationships with D.N.R.T.
12.2 Disputes will only be settled by the competent Dutch court.
12.3 The Dutch text will always be decisive for the interpretation of the General Terms and Conditions.