Taets Entrance settting

terms & Conditions

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1. Applicability; Offers

  1. 1.1 These General Terms and Conditions apply to all offers made by Taets Catering Services B.V. (TAETS) and all agreements between TAETS and its counterparty (the Organiser) who is organising an event (the Event) in the space rented by TAETS to the Organiser (the Venue) or is purchasing additional services from TAETS in connection with this rental, such as but not limited to energy, parking supervision, security, toilet management, venue management and catering services (Additional Services).
  2. 1.2 All offers made by TAETS are valid for ten (10) business days unless TAETS withdraws the offer within that period. After this period or withdrawal, any options provided by TAETS will expire and TAETS may use the reserved Venue and capacity for other requests.
  3. 1.3 The agreement with regard to the Event (the Agreement) comes into force when the order confirmation sent by TAETS has been signed by both Parties, or confirmed in writing. In the absence of the signatures or written confirmation of the order confirmation, the Agreement is nevertheless considered to have been concluded if TAETS has already started the execution thereof, in so far as the start of the execution arises from agreements or statements made by or on behalf of the Organiser on which TAETS could reasonably rely.
  4. 1.4 Agreements between TAETS and the contact person or representative of the Organiser are binding on the Organiser.
  5. 1.5 Applicability of any general terms and conditions of the Organiser are excluded.
  6. 1.6 Deviations from these General Terms and Conditions are only binding if TAETS has agreed to them in writing.


2. Options

  1. 2.1 Before the Organiser requests an offer or before the offer process is completed, TAETS may provide the Organiser with an option on room space at the Organiser's request.
  2. 2.2 Only options issued in writing (including but not limited to email) are binding on TAETS. Options are valid for a duration of ten (10) working days from the date the option is issued, unless TAETS specifies a different date. If the option period is longer than the period for the offer acceptance, the offer applies for the (remaining) duration of the option period. If the Organiser allows the option period to expire (i.e. no Agreement is concluded during the option period) but wishes to have a new option or to extend the existing option after the option period has expired, TAETS is always entitled to take the position that the option has expired, and no new option needs to be offered or the expired option does not need to be extended.
  3. 2.3 Both TAETS and the Organiser are entitled to notify the other that they wish to terminate the option early, which may only be done in writing (including by e-mail).
  4. 2.4 If TAETS wishes to terminate the option early, it is obliged to notify the Organiser and give the Organiser the opportunity to make use of the option within 24 hours (calculated in working days) of the notification. If the Organiser wishes to make use of the option, then an Agreement must be concluded within 24 hours.


3. Prices and Payment

  1. 3.1 All payments will be made within ten (10) business days of receipt of an invoice to that effect.
  2. 3.2 All prices exclude VAT.
  3. 3.3 Immediately after signing of the proposal, TAETS will send an invoice for 100% of the agreed rent for the Venue (s). At least ten (10) working days before the start of the Event date, the Organiser must have paid 85% of the agreed price for Additional Services to TAETS. The remainder (15%) must be paid by the Organiser to TAETS after the Event has taken place upon receipt of a final invoice.
  4. 3.4 The final price for Additional Services is based on subsequent calculation, with TAETS reserving the right to charge additional staff costs in the event of the Event being prolonged.
  5. 3.5 Advance invoices for the provision of Additional Services will be provided by TAETS prior to the Event and will be settled with the final invoice.
  6. 3.6 If TAETS, in its opinion, doubts the creditworthiness of the Organiser, TAETS is entitled to require security from the Organiser in the form of a bank guarantee.
  7. 3.7 The Organiser is not entitled to invoke settlement in accordance with Section 6:127 of the Dutch Civil Code.


4. Cancellation

  1. 4.1 The Organiser is not authorised to cancel an Event unless they simultaneously and irrevocably offer to pay the amounts specified below. Every cancellation is deemed to include such an offer. Such an offer is deemed to be accepted if TAETS does not reject the offer immediately.
    1. upon cancellation made more than 120 days before the start of the Event, the Organiser is obliged to pay TAETS 50% of the total price (i.e. the rent plus the price for any additional services).
    2. upon cancellation made 30 days or more before the specified time, the Organiser is obliged to pay 75% of the total price to TAETS.
    3. upon cancellation made less than 30 days before the specified time, the Organiser is obliged to pay 100% of the total price to TAETS.
  2. 4.2 With regard to the provision of catering services, the Organiser will confirm the final number of guests no later than ten (10) working days before the start of the Event. If the final confirmed number of guests is less than 75% of the original number stated in the order confirmation, this will constitute a partial cancellation of that part of the Agreement. In that case, TAETS will determine the extent of the Organiser's payment obligation on the basis of the information as stated on the order confirmation.
  3. 4.3 Amount paid by the Organiser to TAETS pursuant to Article 3 are not refundable after a cancellation pursuant to Article 4.1 or Article 4.2.
  4. 4.4 TAETS is entitled to cancel the Agreement up to 4 months prior to the date of the Event. In this case, TAETS will, if possible, offer an alternative date and/or equivalent venue (on the premises) to the Organiser. If the alternative venue as proposed by TAETS is not found suitable by the Organiser, TAETS will refund the Rent to the Organiser as well as any advance payments already made by the Organiser.


5. Execution

  1. 5.1 The Organiser organises the Event at their own expense and risk.
  2. 5.2 The Venue will be delivered at the start of the Event and accepted by the Organiser in the condition as it is at that time. This will be recorded in a condition report. If delivery does not take place, the Venue will be deemed to have been accepted by the Organiser if it is taken into use without objection.
  3. 5.3 The Additional Services are provided in line with what has been agreed in the order confirmation.
  4. 5.4 Unless expressly agreed otherwise in writing (including but not limited to by e-mail), catering within the rented Venue is exclusively reserved for TAETS.
  5. 5.5 The Organiser is obliged to behave as a good tenant when using the Venue.
  6. 5.6 The execution of the Agreement between TAETS and the Organiser is based on the nature of the Event, the number of guests and the circumstances specified by the Organiser. TAETS is not liable for any consequences if the Organiser's specification does not correspond with the actual numbers, circumstances or nature of the Event.
  7. 5.7 The Organiser will ensure that the agreed maximum number of visitors is not exceeded, will follow the safety instructions of TAETS and will observe the (fire) safety requirements of the fire brigade. The Organiser will keep fire extinguishing facilities, escape routes and emergency doors in the Venue free at all times and ensure that the signs indicating emergency exits are visible and remain so.
  8. 5.8 The Organiser must have any necessary public permits for the Event. TAETS is entitled at all times to ask the Organiser for access to the permits obtained. The Organiser is responsible for requesting the necessary permits.
  9. 5.9 An environmental permit applies to the premises of the Venue, subject to specific conditions with regard to noise nuisance. If necessary, TAETS will apply for exemption from the noise regulations. Application for exemption is expressly reserved for TAETS. TAETS accepts no liability whatsoever towards the Organiser if the necessary exemptions are not granted by the competent authorities. Noise measurements for the Event can only be made by a measurement agency appointed by TAETS.
  10. 5.10 The Organiser is responsible for requesting permission and paying any fees to collective rights organisations, such as BUMA/STEMRA and SENA. The Organiser indemnifies TAETS with respect to claims by such collective rights organisations on the basis of not having the necessary permissions and/or not having paid the fees for the Event.
  11. 5.11 Except with prior written permission from TAETS, the Organiser is not permitted to rent, sublet or use the Venue, in whole or in part, to a third party.
  12. 5.12 TAETS is entitled to have certain agreed services delivered by third parties that are not employed by TAETS.


6. Intellectual Property; Ownership of Goods

  1. 6.1 The brand TAETS and the trade name TAETS ART AND EVENT PARK remain at all times the property of TAETS. TAETS grants the Organiser the non-exclusive right to use this brand / trade name in the context of the promotion of the Event. TAETS reserves the right to prohibit such use at its own discretion in connection with the nature of the Event or to attach further conditions to such use.
  2. 6.2 All tableware, silverware, tables, chairs, linen and other non-consumable goods provided by TAETS remain the property of TAETS. Damage to or loss of these goods caused by the Organiser or their guests or employees or visitors to the Event must be reimbursed by the Organiser to TAETS at a cost price.
  3. 6.3 Unless otherwise agreed in the Agreement, the Organiser hereby grants TAETS the right to collect visual material of the Event for its own promotional purposes (for example, use for website and promotional materials).


7. Complaints

  1. 7.1 The Organiser can no longer claim a shortcoming in the performance by TAETS if no complaint has been made to TAETS within three working days after the end of the Event.
  2. 7.2 Contrary to Article 7.1, the Organiser cannot invoke a defect in the Venue after they have accepted it in accordance with Article 5.2.
  3. 7.3 Contrary to Article 7.1, the Organiser must report complaints about the quality of food and/or drinks immediately after discovery, so that Taets has the opportunity to check the validity of the complaint and - if possible - to remedy it.


8. Shortcoming; Termination

  1. 8.1 Each attributable failure of a Party in the fulfilment of one of its obligations shall give the other Party the right to terminate the Agreement without judicial intervention unless the shortcoming does not justify such termination. In so far as the fulfilment of the obligation is not permanently impossible, the right of termination shall only arise when that Party has been declared to be in default and has been given a period of ten (10) working days to remedy the shortcoming.
  2. 8.2 If the Organiser fails to comply with Article 3, Article 5 and Article 6.1 of these General Terms and Conditions, the Organiser is automatically in default and TAETS is authorised to terminate the Agreement immediately without notice of default being required.
  3. 8.3 If TAETS terminates the Agreement pursuant to Article 8.2, TAETS is entitled;
    1. to cease the execution of the Agreement without being in default; and/or
    2. to cancel the Event, whereby the provisions of Article 4 shall apply; and/or
    3. cancel the Event during the course of the Event if, in the opinion of TAETS, this is necessary for safety reasons, in which case the agreed Rent and the agreed price for Additional Services will remain payable in full by the Organiser, and will be immediately claimable by TAETS.
  4. 8.4 If the Organiser is in default of meeting their payment obligations, the Organiser is liable to pay TAETS the statutory commercial interest (whereby part of a month is considered a whole month), as well as compensation for all costs incurred by TAETS in obtaining extrajudicial settlement (Collection Costs). These Collection Costs are set at a minimum of 15% of the Rent, with a minimum of EUR 120.00. In addition, the Organiser will bear the costs of legal proceedings to obtain payment based on the reasonable legal fees incurred by TAETS, if Taets proceeds with such proceedings.
  5. 8.5 Without prejudice to TAETS' other rights, TAETS is entitled to dissolve the Agreement in whole or in part without further notice of default by means of a written statement if:
    1. the Organiser is in default of fulfilling one or more obligations under the Agreement;
    2. the Organiser is declared bankrupt, has applied for a (provisional) suspension of payments or is subject to the Natural Persons Debt Rescheduling Act (WSNP);
    3. the Organiser has shut down or liquidated their business;
    4. a significant part of the Organiser's assets is seized; or
    5. the Organiser transfers their business to a third party.
  6. 8.6 In the event of dissolution, the risk of goods already delivered shall remain with the Organiser. The goods are then at Organiser's disposal and must be collected by the Organiser.
  7. 8.7 If TAETS (or a third party engaged by it) has already carried out work in connection with the Agreement at the time of the dissolution (which in this context includes dissolution and suspension as referred to in Article 10 below), this work and the related payment obligation resting with Taets will not be subject to cancellation. The amounts that TAETS has invoiced before the dissolution or amounts that TAETS will invoice after the dissolution in connection with the work it has already carried out or delivered in order to execute the Agreement prior to the dissolution therefore remain due in full and become immediately payable at the time of dissolution.


9. Damage; Liability

  1. 9.1 TAETS, its staff and auxiliary persons are never liable for any damage whatsoever suffered by the Organiser and/or their guests and/or visitors to the Event and/or third parties, unless the damage is the direct result of intent or gross negligence on the part of TAETS.
  2. 9.2 TAETS accepts no liability for the use of its goods or equipment present at the Venue and the use of such goods or equipment is at the risk of the Organiser.
  3. 9.3 All goods brought to the Venue by or on behalf of the Organiser are located there at the risk of the Organiser. TAETS is not obliged to insure and/or secure these goods. TAETS accepts no liability for damage to or loss of these goods, property or monetary values of the Organiser or third parties for any reason whatsoever, except in the case of intent or gross negligence on the part of TAETS.
  4. 9.4 Any liability of TAETS is always limited to a maximum of the agreed principal sum or, if higher, the amount reimbursed by TAETS' liability insurer.
  5. 9.5 Loss of profit and other indirect losses do not qualify for compensation.
  6. 9.6 Regardless of the cause and regardless of whether the Organiser is culpable or not, the Organiser is liable to TAETS for the damage they have caused:
    1. to the venue;
    2. to goods belonging to TAETS;
    3. to Taets' staff or persons engaged by TAETS;
    4. to visitors of the Event.
  7. 9.7 TAETS is entitled to have any damage to walls, floors and the like in the Venue and to the goods contained therein repaired at the expense of the Organiser, in so far as the damage arises during the use of the Venue by the Organiser or is directly related to such use.
  8. 9.8 The Organiser shall take out event insurance for the Event. This insurance must, in all cases, cover the risk of damage as referred to in this Article.
  9. 9.9 The Organiser indemnifies TAETS against claims from third parties concerning the circumstances referred to in Articles 9.1, 9.2, 9.3 and 9.6.
  10. 9.10 If the Agreement is entered into by two Organisers, these parties are jointly and severally liable to TAETS for the full fulfilment of the obligations arising from the Agreement.


10. Force Majeure

  1. 10.1 Circumstances not attributable to TAETS, which are of such a nature that compliance with the Agreement can no longer or not fully be reasonably expected (such as, but not limited to extreme weather, the withdrawal of one or more permits, national mourning and pandemics) give TAETS the right to terminate the Agreement wholly or partially and/or to suspend its execution without any compensation obligation. In this case, TAETS is entitled to charge the Organiser for demonstrable costs already incurred.


11. Provisions on COVID-19/Pandemics

  1. 11.1 As long as government measures due to COVID-19 or other prevailing pandemics are applicable, TAETS will make every effort to have the Event take place within the guidelines of the Dutch Institute for Public Health and the Environment (RIVM). Nevertheless, the Organiser remains ultimately responsible for ensuring that their guests comply with these RIVM guidelines. TAETS can never be held liable for COVID-19 or other physical viruses contracted during the Event.
  2. 11.2 The Organiser shall communicate in advance about the measures taken, including all health guidelines.
  3. 11.3 Any fines resulting from non-compliance with RIVM guidelines will be borne by the Organiser unless this is due to intent or gross negligence on the part of TAETS.
  4. 11.4 If the Event cannot take place due to COVID 19, TAETS offers the following options:
    1. Reschedule of the Event within 1 year after the original date of the Event. Depending on the conditions of the suppliers involved, rescheduling costs may apply.
    2. voucher, with the value of the booked Event, which has to be used within 1 year. Depending on the conditions of the suppliers involved, rescheduling costs may apply.
    3. Cancellation of the Event. The cancellation conditions in Article 4 of these General Terms and Conditions will apply to this.


12. Processing of Personal Data

  1. 12.1 If TAETS processes personal data on behalf of the Organiser during the execution of the Agreement, the following terms and conditions apply.
  2. 12.2 The terms used in these terms and conditions have the meanings assigned to them by the General Data Protection Regulation (GDPR) or by case law.
  3. 12.3 With regard to the processing of personal data, the Organiser can be regarded as the data controller, or if the Organiser processes the personal data on behalf of a third party, as the data processor. TAETS fulfils the role of data processor or sub-processor (depending on the capacity in which the Organiser processes the personal data).
  4. 12.4 TAETS will only process the personal data in accordance with the Organiser's documented processing instructions as set out in this Agreement, including these General Terms and Conditions, unless otherwise required by law.
  5. 12.5 The Organiser guarantees that the content, the use and the instruction to process personal data are not unlawful and do not infringe any rights of the data subjects. The Organiser indemnifies TAETS against all claims by third parties arising from the Organiser's failure to comply with the aforementioned guarantee.


13. Purposes of the processing

  1. 13.1 TAETS will only process personal data to execute the Agreement, plus those purposes determined with the consent of the data subject.
  2. 13.2 Under the Agreement, TAETS will process all personal data of all categories of data subjects provided to TAETS for processing during the execution of the Agreement. If specific personal data are to be processed, the Organiser must notify TAETS of this in advance, and the Parties will assess in consultation whether additional measures need to be taken in this regard.


14. Use of Sub-processors

  1. 14.1 The Organiser hereby grants TAETS permission to engage sub-processors in connection with the Agreement and the personal data processing included in these General Terms and Conditions.
  2. 14.2 On request, TAETS will inform the Organiser of which sub-processors it will use.
  3. 14.3 The Organiser will not unreasonably withhold their consent to the use of sub-processors, and TAETS will make every effort to impose on the sub-processor at least the same obligations in respect of the personal data processing as those agreed between the Organiser and TAETS.


15. Requests from Data Subjects

  1. 15.1 If a data subject submits a request concerning their personal data directly to TAETS, TAETS will forward the request to the Organiser. TAETS may inform the data subject of this.
  2. 15.2 TAETS will only respond directly to the data subject if TAETS is legally obliged to do so or has an independent responsibility under the GDPR. In other cases, the Organiser will respond to the data subject within the applicable legal deadline.


16. Applicable Law; Competent Court

  1. 16.1 The Agreement and the General Terms and Conditions shall be governed by Dutch law.
  2. 16.2 All disputes arising from the Agreement or the General Terms and Conditions will be submitted to the competent Court in Amsterdam.