General conditions
DEFINITIONS
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User: the user of the general terms and conditions namely Caribbean Dream Weddings & Events. In these terms and conditions Caribbean Dream Weddings & Events shall mean: Monique Ritsema, acting under the name Caribbean Dream Weddings & Events with registered office at Bonaire, Kaya Barakuda 28A, registered in the commercial register under KvK Bonaire number 14572.
– Principal: Client shall mean the person who has given the order to organize a wedding or event, or on whose behalf Caribbean Dream Weddings & Events organizes a wedding or event or makes a reservation for that purpose. Until a contract is established, client is also called applicant.
– Agreement: the contract for services as stated in the quotation signed by the parties.
Article 1 – GENERAL
1.1 These conditions apply to all offers and quotations of Caribbean Dream Weddings & Events as well as to agreements concluded with client(s), to the extent that these conditions have not been deviated from in writing.
1.2 If one or more provisions of these general terms and conditions are null and void or may be annulled, the remaining provisions of these general terms and conditions shall remain in full force and effect.
1.3 Any deviations from these general terms and conditions shall be valid only if expressly agreed in writing.
Article 2 – CONFORMITY AND CONTENT OF AGREEMENT.
2.1 The first quotation issued is mutually free of obligation, no rights can be derived from misprints, misprints and slips as well as from mutilated quotations.
2.2 Quotations, unless otherwise apparent from the quotation or agreed otherwise, shall have a period of validity of two weeks from the date stated on the quotation.
2.3 The agreement is concluded at the moment that the client receives an offer from Caribbean Dream Weddings & Events in writing. accepts.
2.4 If Caribbean Dream Weddings & Events has been commissioned and has commenced the execution and/or modification of an offer, not yet having entered into a contract for services, the applicant shall be liable for all costs incurred in preparation. This includes research costs to obtain more information than is described in the quotation, costs for site inspections, on-site interviews with the applicant and the like.
2.5 Offers and quotations do not automatically apply to future orders.
2.6 Prices relating to services and goods supplied by third parties (suppliers) are not included in the prices to be paid to Caribbean Dream Weddings & Events. Any additional costs charged by suppliers or others shall be borne by the client.
Article 3 – EXECUTION OF THE AGREEMENT.
3.1 Caribbean Dream Weddings & Events is only obliged to execute the contract of assignment, after receipt by Caribbean Dream Weddings & Events of the offer signed by the client and payment of the first phase in the case of a wedding and 50% of the agreed amount in the case of any other event to be performed.
3.1 If and to the extent required for the proper execution of the agreement, Caribbean Dream Weddings & Events has the right to have certain work performed by third parties.
3.2 The costs for the assistance of third parties and the costs related to the facilities reasonably required by those third parties shall be facilities reasonably required by those third parties shall be at the expense of client. Those costs are not included in the amount agreed upon between the parties, unless expressly agreed otherwise in writing.
Article 4 – AMENDMENT OF THE AGREEMENT.
4.1 If during the execution of the agreement it appears that for a proper execution it is necessary to change or supplement the work to be done, the parties will timely and in consultation adjust the agreement accordingly.
4.2 If the amendment and/or supplement to the agreement will have financial and/or qualitative consequences, Caribbean Dream Weddings & Events will inform the client in advance.
4.3 Caribbean Dream Weddings & Event reserves the right to pass on to the client any legally imposed price increases and unexpected reasonably necessary higher costs that occur between order confirmation and execution. Caribbean Dream Weddings & Events is obliged to notify and explain these price changes to the client as soon as possible.
4.4 Moreover, Caribbean Dream Weddings & Events may increase the agreed amount on the offer if, during the execution of the work, it appears that the originally agreed or expected amount of work was underestimated to such an extent at the conclusion of the agreement, and this is not imputable to Caribbean Dream Weddings & Events, that Caribbean Dream Weddings & Events may not reasonably be expected to perform the agreed work for the originally agreed amount. In such cases, Caribbean Dream Weddings & Events will notify the client of the intention to increase the amount. Caribbean Dream Weddings & Events shall specify in writing the extent of and the date on which the increase will take effect.
Article 5 – PAYMENT
5.1 At the conclusion of the agreement, an advance payment of 25% of the quoted amount shall be made by the client. Organizing a wedding is divided into 4 stages. Prior to each phase, 25% of the total quoted amount will be transferred to Caribbean Dream Weddings & Events. Only when a phase is completed and the deposit for the next phase is paid will Caribbean Dream Weddings & Events begin to execute the next phase. This is also described in the quotation. If necessary, Caribbean Dream Weddings & Events may send a final invoice on the basis of subsequent calculation, for costs not previously invoiced and any credit or debit arising from changes made to the order confirmation. Payments for events other than weddings are paid in full prior to the event. 50% at the conclusion of the agreement of the assignment, 50% four weeks before the event takes place.
5.2 Any objections to (the amount of) an invoice suspend the payment obligation for the undisputed part of the invoice. part of the invoice.
5.3 The client who fails to pay on time shall be in default by operation of law, without further notice of default being required. Caribbean Dream Weddings & Events is entitled to claim additional compensation for all costs already incurred in connection with the contract and is authorized to charge statutory interest from the expiration of the payment term until the day of payment and including compensation for extrajudicial collection costs.
5.4 Caribbean Dream Weddings & Events is entitled to apply the payments made by the client firstly 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 6 – INVESTIGATION, COMPLAINTS AND RECLAIMS
6.1. Complaints must be submitted to Caribbean Dream Weddings & Events in writing and with sufficient justification no later than 2 weeks, after the date of the wedding that took place. The notice of default must contain as detailed a description of the shortcoming as possible, so that Caribbean Dream Weddings & Events is able to respond adequately. After the expiration of the aforementioned period, the right to complain expires.
6.2 If the subsequent performance of the agreed work is no longer possible or useful, User shall only be liable within the limits of Article 8 Liability.
Article 7 – TERMINATION, TERMINATION AND SUSPENSION OF THE AGREEMENT
7.1 Caribbean Dream Weddings & Events has the right to terminate/refuse an agreement if, in its judgment, the content may harm the interests and/or good name of its business.
7.2 If the safety of guests, staff and/or contracted party is insufficiently guaranteed or in case of improper use of the materials made available, Caribbean Dream Weddings & Events is entitled, at its sole discretion, to deviate from the already concluded agreement, or to dissolve it in whole or in part at the expense of the defaulting party.
7.3 If the agreement is dissolved, the claims of Caribbean Dream Weddings & Events against the client shall become immediately due and payable. If Caribbean Dream Weddings & Events suspends the fulfillment of its obligations, it retains its claims under the law and agreement.
7.4 If the client cancels all or part of an agreement, then the costs incurred by Caribbean Dream Weddings & Events, including fees to third parties, as a result of such cancellation shall be reimbursed in full by the client.
Article 8 – LIABILITY.
8.1 Caribbean Dream Weddings & Events shall perform its work to the best of its ability, exercising the care that can be expected of Caribbean Dream Weddings & Events. If an error is made because client provided Caribbean Dream Weddings & Events with incorrect or incomplete information, Caribbean Dream Weddings & Events shall not be liable for any resulting damages. If client proves that she suffered damage due to a mistake made by Caribbean Dream Weddings & Events which would have been avoided in case of careful handling, Caribbean Dream Weddings & Events shall only be liable for direct damage up to a maximum of the agreed amount of its fee.
8.2 Direct damages shall mean only:
– the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions;
– any reasonable costs incurred to make the defective performance of Caribbean Dream Weddings & Events conform to the agreement, insofar as they can be attributed to Caribbean Dream Weddings & Events;
– reasonable costs incurred to prevent or limit damage, to the extent that the client demonstrates that these costs led to limitation of direct damage as referred to in these general terms and conditions.
8.3 Caribbean Dream Weddings & Events shall never be liable for indirect damage, including consequential damage, loss of profit, missed savings, damage due to business stagnation, costs arising from an order to pay legal costs, interest and/or delay damage, damage as a result of providing faulty cooperation and/or information of the client, and/or damage due to information or advice given by Caribbean Dream Weddings & Events without engagement, the content of which does not explicitly form part of the written agreement.
8.4 Client shall indemnify Caribbean Dream Weddings & Events for claims of third parties for damages caused by the fact that client provided Caribbean Dream Weddings & Events with incorrect or incomplete information, unless client proves that the damages are not related to culpable acts or omissions that can be attributed to her or were caused by intentional acts or omissions or similar gross negligence of Caribbean Dream Weddings & Events and unless any mandatory (inter)national law or regulations do not allow such a provision.
8.5 Caribbean Dream Weddings & Events shall not be liable for any damage or destruction of records during transport or during shipment by post, regardless of whether the transport or sending is done by or on behalf of client, The Memory Factory or third parties.
8.6 The limitation of liability laid down in paragraph 1 of this article is also stipulated on behalf of the third parties engaged by Caribbean Dream Weddings & Events for the execution of the assignment.
Article 9 – RELEASE.
9.1 The client indemnifies Caribbean Dream Weddings & Events against claims of third parties regarding intellectual property rights on materials or data provided by the client, which are used in the execution of the agreement.
9.2. If the client provides Caribbean Dream Weddings & Events with information carriers, electronic files or software, etc., the client guarantees that the information carriers, electronic files or software are free of viruses and defects.
Article 10 – FORCE MAJEURE
10.1 Force majeure shall mean any shortcoming which Caribbean Dream Weddings & Events cannot be blamed for. Attribution shall not take place if the failure is not due to his fault, nor for his account pursuant to law, legal act or common opinion. Illness and/or an accident also fall under force majeure.
10.2 Caribbean Dream Weddings & Events will notify the client of the force majeure in writing as soon as possible, unless the client’s address has not been made known to Caribbean Dream Weddings & Events, nor could reasonably be known. If so, the client will be notified verbally of the force majeure as soon as possible.
10.3 Insofar as Caribbean Dream Weddings & Events at the time of the occurrence of Force Majeure has already partially fulfilled its obligations under the agreement or will be able to fulfill them, and the fulfilled respectively to be fulfilled part has independent value, Caribbean Dream Weddings & Events is entitled to separately invoice the fulfilled respectively to be fulfilled part. Client shall be required to pay this invoice as if it were a separate agreement.
Article 11 – CONFIDENTIALITY
11.1. Both parties are obliged to keep confidential all confidential information obtained from each other or from other sources in the context of their agreement. Information is considered confidential if it has been communicated by the other party or results from the nature of the information.
11.2. If, by virtue of a statutory provision or a judicial decision, Caribbean Dream Weddings & Events is obliged to disclose confidential information to third parties designated by law or by the competent court, and Caribbean Dream Weddings & Events cannot in this respect invoke a legal right to refuse to give evidence or one recognized or permitted by the competent court, then the user is not obliged to pay damages or compensation and the other party is not entitled to terminate the contract on the grounds of any damage caused by this.
Árticle 12 – INTELECTUAL PROPERTY
12.1 Caribbean Dream Weddings & Events reserves all rights of intellectual property with respect to products of the mind which it uses or has used and/or develops and/or has developed as part of the execution of the order, and in respect of which it holds or can enforce the copyrights or other rights of intellectual property.
12.2 The client is expressly forbidden to duplicate, disclose or exploit those products, including computer programs, system designs, working methods, advice, (model) contracts and other intellectual products of Caribbean Dream Weddings & Events, all this in the broadest sense of the word, with or without the involvement of third parties. Reproduction and/or disclosure and/or exploitation is permitted only after obtaining written permission from Caribbean Dream Weddings & Events.
Article 13 – PROMOTIONAL MATERIAL.
13.1 Caribbean Dream Weddings & Events may use visual material, such as photos and video, for its own promotional purposes, including, but not limited to, for on the website, blogs, social media, in print and trade show materials.
13.2 Promotional materials will not be sold to third parties. sold.
13.3 The use of visual material which are mentioned in article 13.1, will always be done in accordance with Client and Photographer. If Client does not grant permission, Caribbean Dream Weddings & Events will not use the visual material for its own promotional purposes.
13.4 Client has the right in accordance with the General Data Protection Regulation, at any time the withdrawal of consent. This should be in writing happen.
Article 14 – DISPUTES
14.1 If the dispute cannot be mutually settled, then, notwithstanding the statutory rules for the jurisdiction of the civil court, in the event that the Court is competent, the dispute shall be settled by the Court in the place of business or district of Caribbean Dream Weddings & Events. However, Caribbean Dream Weddings & Events remains authorized to sue the client before the court having jurisdiction under the law or applicable international treaty.
Article 15 – APPLICABLE LAW
Any agreement between Caribbean Dream Weddings & Events and the client is governed by Caribbean Dutch law.