Terms & Conditions
Article 1 - Definitions
In these conditions, the terms below have the following meaning unless expressly indicated otherwise:
Contractor: House of Bols Cocktail and Genever experience located at Paulus Potterstraat 14 in Amsterdam, also referred to as HOB
Client: The natural or legal person or company that concluded an agreement with the Contractor
Agreement: The Agreement between HOB and the Client concerning one or more services to be provided by the Contractor against a price to be paid by the Client
Cancellation: The notification made in writing by the Client that all or part of one or more of the agreed services will not be used, or the notification made in writing by the Contractor that all or part of one or more of the agreed services will not be provided.
Days : the term days refers to calendar days
Working days: working days refer to all calendar days with the exception of Saturdays, Sundays and public holidays.
Article 2 - General
2.1 The provisions of these general terms and conditions apply to each offer and agreement between HOB and the Client to the extent the parties do not deviate from these conditions expressly and in writing.
2.2 The applicability of the Client's general terms and conditions is expressly excluded, unless the parties have agreed otherwise in writing. If the general terms and conditions of both parties apply concurrently, the provisions of these catering conditions will prevail in case of inconsistencies between HOB's general terms and conditions and those of the Client.
2.3 These catering conditions apply unless the Agreement contains deviations.
Article 3 - Offers and agreements
3.1 All offers in whatever form are without obligation unless a term for acceptance is stated in the offer. The Client remains bound by its assignment for as long as HOB has not rejected it.
3.2 Agreements to which HOB is a party will only apply as concluded:
a) after both parties have signed an agreement drawn up to this purpose, or;
b) after and to the extent HOB has accepted an assignment in writing and this written acceptance has been signed and returned by the Client to HOB within 21 days after the date of dispatch, but in any event at least 14 days before the agreed date of performance of the Agreement, or;
c) if the Activities have commenced.
3.3 The Client has the right to change the originally indicated number of guests by at most 10% up to 2 working days before the date of performance. If more guests appear on the day of performance than was originally agreed, the related costs will be charged additionally on the basis of the data stated in the offer or the confirmation of the assignment.
3.4 The prices stated in the aforementioned offers are exclusive of VAT, transport costs, and removal costs, unless stated otherwise.
3.5 Unless stated otherwise, all quotations are subject to changes.
3.6 HOB offers its services on the basis of subsequent calculation. The number of hours stated in the offer is indicative. HOB has the right to charge the number of hours actually worked.
Article 4 - Performance of the Agreement
4.1 HOB will perform the Agreement to the best of its knowledge and abilities and in accordance with good workmanship. Performance of the agreement is based on the nature of the event indicated by the Client, the numbers stated and the circumstances that have been stated.
4.2 If and to the extent required for the proper performance of the Agreement, HOB will have the right to have certain activities performed by third parties.
4.3 The Client will arrange for the facilities reasonably requested by HOB free of charge.
4.4 The costs of the required electricity, gas, water and the like are for the Client's account.
4.5 The Client undertakes to ensure in a timely manner that the activities that are not part of HOB's assignment have been performed in such a manner that HOB can perform the Agreement and in such a timely manner that the delivery and assembly of the necessary items (including the bar) is not delayed.
4.6 If the Client wishes to have changes implemented immediately before or during the performance of the Agreement (for example an increase in the number of drinks, relocation of the bar(s), extension of the duration of the services) and HOB agrees to these changes, the associated additional costs will be charged on to the Client. HOB reserves the right to refuse any last-minute changes if these are not feasible from an operational perspective.
Article 5 - Complaints
5.1 Any complaints concerning the services and the performance of the Agreement by HOB must be reported to HOB immediately after they have been identified. The Client is further obliged to notify HOB of the complaint within 8 working days after it has been identified in writing or by e-mail via email@example.com.
5.2 HOB will remedy the deficits or defects within the shortest possible term if a complaint is lodged at the location of the Event and if HOB considers that the complaint is well-founded. The Client remains obliged to pay the full price, however.
5.3 If it is no longer possible or useful to perform the Activities, HOB will only be liable within the limits of the provisions concerning liability in article 7 below.
5.4 HOB does not accept any liability for defects caused by or arising from the fault or actions of the Client or third parties or due to outside causes.
5.5 If no complaint is submitted in a timely manner it will be assumed that the services and activities were performed in a proper manner.
5.6 Complaints about invoices must also be submitted in writing and within 8 days of the invoice date.
5.7 The Client will be deemed to have approved the Activities or the invoice after expiry of the abovementioned terms.
Article 6 - Cancellation
6.1 If all or part of an assignment issued to HOB is cancelled for any reason, the Client will be obliged to pay compensation to HOB in accordance with the schedule below, calculated on the contract price or the cancelled part thereof:
- The Client is not obliged to pay any compensation to HOB if cancellation takes place more than 28 days before the date on which the event is to be held;
- The Client is obliged to pay 70% of the contract price to HOB if cancellation takes place up to 21 days before the event;
- The Client is obliged to pay 80% of the contract price to HOB if cancellation takes place up to 14 days before the event;
- The Client is obliged to pay 90% of the contract price to HOB if cancellation takes place up to 7 days before the event;
- The Client is obliged to pay 100% of the contract price to HOB if cancellation takes less than 7 days before the event.
- In case of a change to the Agreement, from 7 working days up to two working days before the Event;
- Guest numbers can be reduced free of charge subject to a maximum of 10% of the total number of guests.
- Increases in the number of guests can be implemented provided this is operationally feasible. HOB reserves the right to refuse.
6.2 The day on which the cancellation reaches HOB by post or by e-mail at firstname.lastname@example.org is assumed for the calculation of the compensation.
6.3 Cancellation of an assignment issued to HOB can only take place in writing or by e-mail via email@example.com.
6.4 The number of persons and/or cocktails indicated by the Client to HOB in connection with the assignment is binding. The Client is not obliged to pay compensation in case of partial cancellation of an agreement to the extent it does not exceed a margin of 20% of the stated number of persons and/or cocktails and provided this cancellation takes place at least 14 days before the date of the Event. The Client has the right to cancel the Event in part up to 15% of the stated number of persons and/or cocktails for up to seven days before the Event. Changes that are notified within 14 days before the event are charged at €65 per change exclusive of VAT. Partial cancellation takes place in writing or via firstname.lastname@example.org.
If it becomes clear that the Activities concern more persons and/or cocktails than was agreed, HOB will have the right to refuse performance of the Activities with respect to these persons. The contract price will be increased on a pro-rata basis if HOB decides to perform the Activities for this additional number of persons and/or cocktails.
6.5 In all cases of cancellation the Client owes, in addition to the matters set out in this article, to HOB everything it has to pay to third parties in connection with the relevant assignment, despite the cancellation, from which it had to make purchases in connection with that assignment or with which it concluded agreements that led to a payment obligation on the part of HOB.
6.6 The following cancellation conditions apply in case of an agreement concerning Bols Cocktail Cruise:
Cancellation and no-show are charged on as follows:
- More than 63 days before the agreed date of the cruise: 10% of the invoice amount;
- Between 63-35 days before the agreed date of the cruise: 20% of the invoice amount;
- Between 35-21 days before the agreed date of the cruise: 33% of the invoice amount;
- Between 21-14 days before the agreed date of the cruise: 50% of the invoice amount;
- Between 8-3 days before the agreed date of the cruise: 75% of the invoice amount;
- Within 3 days before the agreed date of the cruise: the full invoice amount.
Article 7 - Liability
7.1 HOB is never liable for any losses sustained by the Client and/or its guests and/or the persons that accompany them and/or third parties, unless the losses are the direct result of intent or gross negligence on the part of HOB.
7.2 Should HOB be liable for direct losses, said liability is limited to no more than the agreed price of the assignment.
7.3 HOB is never liable for indirect losses, including consequential losses and trading losses.
7.4 HOB is not liable for loss or theft of the property of the Client and/or its guests and/or the persons accompanying them in the location where the assignment is performed.
7.5 The limitations of liability stated above do not apply if the losses can be attributed to the intent or gross negligence of HOB.
Article 8 - Payment
8.1 The Client is obliged to pay 75% of the agreed price by way of a down payment upon conclusion of the Agreement.
8.2 The Client will provide payment security in the form of a credit card if there are fewer than 14 days between the conclusion of the Agreement and the date of the event.
8.3 Any objections to the amount of the invoice do not suspend the payment obligations.
8.4 The Client will be in default by operation of law if the Client fails to make payment within the term of 14 days. The Client will then owe an interest of 1.5% a month or part thereof, unless statutory interest or, as the case may be, statutory commercial interest is higher in which case the highest interest will apply. Interest on the payable amount will be calculated from the moment the Client is in default until the moment of payment of the entire amount.
8.5 If a payment or a down payment has not been received on time, HOB will have the right to cancel the agreement with immediate effect and to refuse further performance of the agreement without being in default. This will apply as a cancellation by the Client and article 6 will therefore apply accordingly.
8.6 In the event of liquidation, (a petition for) bankruptcy, admission to debt restructuring on the basis of the Debt Management (Natural Persons) Act, attachment or a (provisional) moratorium on the part of the Client, HOB's claims against the Client will be due and payable immediately.
8.7 Payments will in the first place serve to reduce the costs, then to reduce the interest that has fallen due and finally to reduce the principal sum and the accrued interest.
Article 9 - Miscellaneous
9.1 Guests and/or participants must be at least 18 years of age in order to be admitted to House of Bols.
9.2 HOB reserves the right to refuse (minor) guests or to stop serving alcoholic beverages and/or to ask one or more guests to leave House of Bols without a refund if the conduct or condition of these guests warrants such a measure in the opinion of HOB.
9.3 There is a smoking ban in the HOB premises and HOB applies a noise limit of 90 decibels.
Article 10 - Applicable law
All agreements concluded between HOB and the Client are governed exclusively by Dutch law.
Article 11 - Disputes
All disputes arising from or related to the agreement to which these condition apply will be settled by the competent court in Amsterdam.