General terms and conditions

GENERAL TERMS AND CONDITIONS OF DELIVERY AND PAYMENT

General terms and conditions of delivery and payment of The Beach - Indoor Sport & Event Center Aalsmeer B.V. Established and with offices at Oosteinderweg 247 A, 1432 AT in Aalsmeer. Registered with the Chamber of Commerce in Amsterdam under number 34095825. The following general delivery and payment conditions apply to all (option) agreements concluded by The Beach and to participation in all facilities made available by The Beach. Reproduction and copyright are reserved.

Article 1 DEFINITIONS

1.1 In these terms and conditions, the following definitions shall apply:
a. The Beach: The Beach Indoor Sport & Event Center Aalsmeer;
b. Nature of the services: operation of (sports) facilities - in particular (beach) volleyball courts, organisation of indoor and outdoor events in the field of sports & entertainment including related catering facilities (food and beverages);
c. Client: any natural or legal person who commissions The Beach to provide one or more of the aforementioned services and/or rental of (sports) accommodation;
d. Guest: the natural person, the person in any group context, the person in a business context to whom one or more services are provided by The Beach under an agreement concluded with the client;
e. Agreement: any agreement entered into between The Beach and the principal;
f. Option agreement: a conditional agreement concluded between The Beach and the client for one or more of the aforementioned services, which can be unilaterally withdrawn by The Beach or the client, free of charge, solely and exclusively in accordance with those provisions stipulated in the agreement including these terms and conditions;
g. Option holder: a client who has entered into a conditional agreement with The Beach;
h: Consumer: the client who is a natural person and not acting in the exercise of a profession or business;

Article 2 GENERAL

2.1 All (option) agreements with The Beach and their execution are exclusively governed by these terms and conditions. Deviations must be expressly agreed in writing with The Beach.

Article 3 CONFORMITY OF AGREEMENT

3.1 The Beach may refuse to enter into an agreement at any time for any reason, except if such refusal is made purely on one or more of the grounds specified in Article 429 of the Penal Code.
3.2 When The Beach has granted the option holder an option right, this right cannot be revoked, except if and insofar as another potential client makes The Beach an offer to enter into an agreement concerning all or part of the services outstanding in the option agreement. The option holder must then be informed by The Beach of this offer, after which the option holder must indicate whether or not he wishes to make use of the option right. If the option holder does not wish to exercise the option, the option lapses. An option right can only be granted in writing.

3.3 Agreements for a guest entered into by intermediaries (shipbrokers, travel agencies, hotel and catering companies, etc.), whether or not in the name of their client(s), shall be deemed to have been concluded partly for the account and risk of these intermediaries. The Beach does not owe any commission or commission, by whatever name, to intermediaries, unless expressly agreed otherwise in writing. Full or partial payment of the amount due by the guest will release the intermediary to the same extent.

3.4 Unless expressly agreed otherwise, an agreement with The Beach will not be established until the option agreement sent by The Beach has been signed for approval by the client and returned to The Beach within the specified period.
3.5 Upon receipt of the option agreement signed for approval, The Beach will send the client an invoice for the 75% deposit of the agreement amount required by The Beach.

3.6 Every agreement is entered into by The Beach under the suspensive condition that the principal - at the sole discretion of The Beach - appears to be sufficiently creditworthy for the monetary performance of the agreement.

3.7 For bespoke agreements, The Beach 5% will charge an organisation fee.

Article 4 OBLIGATIONS THE BEACH

4.1 Notwithstanding the provisions of the following articles, The Beach is obliged under the agreement to provide the agreed services at the agreed times in its usual manner.
4.2 The obligation mentioned in article 4.1 does not apply:

a. in case of force majeure on the part of The Beach as referred to in Article 13;
b. if the guest/consumer fails to appear or appears more than half an hour late;
c. if the guest/consumer fails to make the down payment referred to in Clause 9 on time;
d. if the guest/consumer, despite a request to do so, does not issue a turnover guarantee in time;
e. if the guest/consumer does not fully meet all his/her obligations towards The Beach in any other way.
4.3 The Beach is entitled to withhold or discontinue the provision of services at any time if the guest/consumer does not behave as in accordance with the stand and operation of the sports & event centre. The guest/consumer must at first request
Leaving The Beach.

Article 5 CHANGES IN AGREEMENT

5.1 Any subsequent additional agreements or amendments shall only be binding on The Beach if confirmed in writing by The Beach.
5.2 After the option agreement has been signed for approval by the client, the number of persons, for which the agreement has been concluded, may be adjusted downwards by a maximum of 25% up to 14 days before the date of delivery.
5.3 Given the current volatile market, price changes are possible.

Article 6 TRANSFER OF AGREED EXECUTIVE DATE

The following shall apply to moving the agreed execution date of an agreement:
6.1 Up to 3 months before the performance date, the client will owe €45.00 relocation costs.

6.2 Until 2 months before the execution date, the client will owe 5% of the agreed amount, with a minimum of €45.00.
6.3 Until 1 month before the execution date, the client will owe 10% of the agreed amount, with a minimum of €45.00.

6.4 Until 21 days before the execution date, the client will owe 25% of the agreed amount.
6.5 Within 21 days before the execution date, the cancellation conditions of Article 8 apply.

Article 7 CANCELLATION GENERAL

7.1 The customer is not authorised to cancel a contract unless at the same time he irrevocably offers to pay the amounts stipulated under Articles 7 and 8. Any cancellation shall be deemed to include such an offer. Such an offer shall be deemed to have been accepted if The Beach does not immediately reject the offer. Cancellation must be in writing and dated. The client cannot derive any rights from a verbal cancellation. The provisions of Article 7 apply without prejudice to the provisions of other articles.

7.2 In the event of no-show, the client shall in all cases
be obliged to pay the value of the agreed.
7.3 Amounts already owed by The Beach to third parties in view of the cancelled agreement at the time of cancellation shall be reimbursed in full to The Beach by the principal at all times, provided that The Beach has not acted unreasonably by entering into the relevant obligations. The amounts in question shall be deducted from the value of the agreement referred to in the following provisions.

Article 8 CANCELLATION AGREEMENT

The following applies to the cancellation of the agreed execution date of the agreements:
8.1 Until 21 days before the execution date, the client will owe 25% of the agreed amount.
8.2 Until 14 days before the execution date, the client will owe 50% of the agreed amount.
8.3 Until 2 days before the execution date, the client will owe 75% of the agreed amount.

8.4 Within 2 days before the execution date, the client will owe 100% of the agreed amount.
8.5 If rental of sports accommodation is cancelled within 48 hours in advance, the full amount of rental will be charged.

Article 9 INTERMEDIATE PAYMENTS

9.1. After receiving the option agreement signed for approval, The Beach will send the client an invoice for the down payment of 75% of the agreed amount. This invoice must be paid no later than 4 weeks before the execution date.

Article 10 LIABILITY

10.1 The Beach shall never be liable for any damage suffered by the guest/consumer and/or third parties unless the damage is the direct result of intent or gross negligence of The Beach. This exclusion of liability applies in particular to damage resulting from the consumption of food prepared or served by The Beach and for damage resulting from computer problems. If mandatory law allows only a less far-reaching limitation of liability, that less far-reaching limitation shall apply. 10.2 In no case shall The Beach be liable to pay a higher amount in damages than:

a. the contract value or, if more;
b. the amount paid by our insurer to The Beach in respect of the damage, or; c. the compensation obtained from another third party in respect of the damage.

Article 11 LIABILITY OF THE GUEST/CONSUMER

11.1 The guest/consumer and those accompanying him are jointly and severally liable for all damage that has and/or will arise for The Beach and/or any third party as a direct or indirect result of non-performance (culpable shortcoming) and/or unlawful act, which includes violation of the house rules, committed by the guest/consumer and those accompanying him, as well as for all damage caused by any animal and/or any substance and/or any item in their possession or under their supervision.

Article 12 PAYMENT

12.1 Unless otherwise stated, payment shall be made in Dutch currency.
12.2 If a client wishes to pay by Visa/Mastercard/American Express on the spot, a 5% transaction fee will be charged.
12.3 When a client wishes to receive an invoice for an account, The Beach is entitled to charge an administration fee. The provisions of this article shall apply mutatis mutandis to that amount.
12.4 If payment other than cash has been agreed, all invoices, for whatever amount, must be paid by the client within eight days of the invoice date. Except for the interim payment as described in article 9.
12.5 If and insofar as timely payment is not made, the client shall be in default without any notice of default being required.
12.6 If the client is in default, The Beach will send a reminder invoice. Should the client remain in default thereafter, The Beach will send a reminder invoice. In this case, The Beach will increase the original invoice amount by the costs incurred in preparing the reminder invoice.
12.7 If the client is in default, he must reimburse The Beach for all costs related to collection, both judicial and extrajudicial. The extrajudicial collection costs are set at a minimum of 15% of the principal amount owed with a minimum of €100, - all to be increased by the VAT payable thereon.
12.8 In addition, if the principal is in default, he shall owe interest in an amount 2% above the statutory interest rate. Part of a month shall be counted as a whole month when calculating the interest due.
12.9 In case the other party:
a. is declared bankrupt, transfers its assets, applies for a suspension of payments, or all or part of its property is seized,
b. dies, is placed under guardianship or is dissolved,
c. fails to fulfil any of its obligations under the law or these conditions,
d. fails to pay an invoice amount or part of it within the period set for it,
e. proceeds to discontinue or transfer its business or an important part thereof, including the contribution of its business to a company to be incorporated or already existing, or proceeds to change the objective of its business,
by the mere occurrence of one of the aforementioned circumstances, The Beach has the right either to dissolve the agreement, or to claim any amount owed by the client based on services provided by The Beach, immediately and without any warning or notice of default being required, all without prejudice to its right to compensation for costs, damages and interest.

Article 13 FORCE MAJEURE

13.1. For this purpose, "force majeure" shall mean any circumstance independent of the will of the parties or unforeseeable as a result of which fulfilment of the agreement can no longer reasonably be required by the other party.
13.2 If, in the opinion of The Beach, the force majeure will be temporary, the parties have the option of setting a new date for the execution of the agreement within one month of the original execution date. This is subject to the condition that this new date to be set falls within 3 months of the original execution date. For this relocation of the execution date, The Beach will charge 12.5% of the agreed amount as relocation costs.

13.3 If the client does not comply with Article 13.2, the cancellation conditions of Article 8 come into effect.
13.5. The party that believes it is (or will be) in force majeure shall immediately notify the other party.

Article 14 RECLAMES

14.1 Any complaints will only be considered by The Beach if they reach The Beach - directly - in writing within 5 days of the event in question taking place, accurately stating the nature and grounds for the complaints.
14.2 Complaints about invoices must also be submitted in writing and within 5 days of the invoice date.

14.3 After the expiry of these periods, complaints will no longer be considered by The Beach and the other party will be deemed to have approved the invoice. 14.4 If the claim is found by The Beach to be justified, The Beach is only obliged to still deliver the agreed performance.

14.5 Only if and insofar as the complaint is found to be well-founded does this suspend the client's payment obligation.

Article 15 PROVISIONS OF GENERAL ORDER

15.1 The Beach reserves the right to pass on the total agreed amount if it appears that fewer people have taken part in the event, than was specified by the client. If additional facilities are used, these may be passed on. If the actual attendance is less than indicated by the client, The Beach reserves the right to have the event take place on fewer courts or to shorten the playing time.

15.2 Event catering will be provided at all times and by The Beach. Own refreshments are not allowed. Unless otherwise agreed in writing.
15.3 The room in which the event takes place remains accessible to third parties, unless otherwise agreed in writing.

Article 16 APPLICABLE LAW AND DISPUTES

Agreements are exclusively governed by Dutch law. In case of disputes between The Beach and a client, the competent court in the domicile of The Beach has exclusive jurisdiction, unless another court has jurisdiction by virtue of mandatory statutory provision, and without prejudice to the authority of The Beach to have the dispute settled by the court that would have jurisdiction in the absence of this clause.

Article 17 PRIVACY POLICY

The Beach Aalsmeer is committed to protecting your personal data. We therefore only store your personal data to record reservations. Recording personal data is necessary for the execution of the agreement. This applies both by e-mail and telephone, but also when making an online reservation. Personal data will not be used for other purposes or provided to third parties, unless discussed in advance.

Should it be desired that we remove your personal data from the system after booking, you can request this.