Location rental Yūgen Forest
Article 1 — Definitions
1.1 Lessor: Yūgen Forest B.V., registered under number 85933287 with the Chamber of Commerce.
1.2 Lessee: any natural or legal person who rents one or more Locations from the Lessor.
1.3 Location(s): one or more locations on the Roggebotstaete estate, Vossemeerdijk 6, 8251 PN in Dronten, the Netherlands, as stated in the agreement.
1.4 Services: supporting activities related to the rental of a Location, such as but not limited to catering.
1.5 Agreement: an arrangement regarding the rental of one or more Locations between the Lessor and the Lessee.
1.6 In Writing: on paper, via email, or WhatsApp message.
Article 2 — Applicability
2.1 These general terms and conditions apply to all quotes from the Lessor to the Lessee and all Agreements between the Lessor and the Lessee.
2.2 Deviations from these general terms and conditions are only valid if the Lessor expressly confirms this In Writing.
2.3 Only the (attached) house rules of the Lessor also apply to the Agreement. In the event of a conflict between these general terms and conditions and the house rules, the house rules shall prevail.
2.4 General terms and conditions of the Lessee are expressly rejected.
Article 3 — Quotes
3.1 Quotes from the Lessor are valid for a maximum of 21 calendar days, unless otherwise agreed In Writing, or if the Lessee rejects the quote within that period.
3.2 The Lessor is bound if (a) the Location(s), period, and price are stated in the Written quote and (b) the Lessee accepts the quote unchanged by agreeing In Writing within the validity period and (c) the Lessee has paid the full or agreed percentage of the invoice amount to the Lessor.
3.3 If the Lessee wishes to make changes to the quote, the Lessee must report this In Writing. The Lessor will send an adjusted quote if the changes are agreed upon. An adjusted quote replaces the previous quote and has a new validity period of 14 calendar days, unless otherwise agreed.
Article 4 — Options
4.1 Before the Lessee requests a quote or the quoting process is completed, the Lessor may, at the request of the Lessee, provide an option for one or more Locations.
4.2 Only options provided in writing are binding for the Lessor. Options are valid for a period of 21 calendar days, calculated from the day the option is issued, unless the Lessor expressly states a different term. If the option term is longer than the term for accepting the quote, the option term applies to the remaining part of the quote term.
4.3 Both the Lessor and the Lessee have the right to terminate the option prematurely, which can only be done in writing.
4.4 If the Lessor wishes to terminate the option prematurely, they are obliged to inform the Lessee at least 1 month in advance. This is only possible if the down payment has not yet been made.
Article 5 — Invoicing & payments
5.1 Payments must be made within 14 calendar days of the invoice date to the Lessor’s account number as indicated on the invoice, unless a different term has been agreed upon in writing.
5.2 The Lessee is obliged to:
- In the case of a rental period later than 12 months after booking: pay 25% of the total costs for the Location(s) and Services as a down payment upon accepting the quote, 75% no later than two weeks before the event, and any subsequent calculation/settlement after the event;
- In the case of a rental period within 12 months after booking: pay 50% of the total costs for the Location(s) and Services as a down payment upon accepting the quote, 50% two weeks before the event, and any subsequent calculation/settlement after the event;
- In the case of a rental period within one month after booking: pay 100% of the total costs for the Location(s) and Services upon accepting the quote and any subsequent calculation/settlement after the event.
5.3 The final settlement mentioned in article 5.2 provides a specification of the Services provided, a specification based on subsequent calculation of the Services provided, as well as a specification of the VAT.
5.4 Payment terms are strict deadlines.
5.5 If no payment has been made within the payment term, the Lessee is in default by operation of law. In that case, the Lessee owes statutory interest, as well as extrajudicial collection costs of 15% of the principal amount of the Agreement with a minimum of €350.
Article 6 — Changes & Cancellations
6.1 Cancellation and modification of the Agreement by the Lessee must be done in writing, clearly stating the quote number.
6.2 The date of cancellation is the date on which the cancellation is received by the Lessor.
6.3 Full cancellation of the Agreement; with regard to the rental of the Location(s) and Services:
- up to 10 calendar weeks before the agreed reservation date, a cancellation fee of €500.00 (excl. VAT) is due;
- from 10 up to and including 8 calendar weeks before the agreed reservation date, the Lessee must pay the Lessor 25% of the agreed costs;
- from 7 up to and including 5 calendar weeks before the agreed reservation date, the Lessee must pay the Lessor 50% of the agreed costs;
- from 4 calendar weeks before the agreed reservation date, the Lessee must pay the Lessor 100% of the agreed costs.
6.4 If, in the event of cancellation of the Agreement, the down payment(s) already received by the Lessor from the Lessee is (are) higher than the costs to be paid in accordance with article 6.3, the Lessor will refund the excess amount to the Lessee within 14 calendar days.
6.5 If an Agreement is partially cancelled in relation to the rental of a Location(s) and Services, the percentages mentioned in article 6.3 (A) will be adjusted proportionally.
6.6 Reduction of the number of guests with settlement of costs in relation to agreed Services is only possible once up to a maximum of 7 working days before the agreed reservation date, up to a maximum of 10% of the number of guests.
6.7 If more guests appear on the day of the execution of the Agreement than agreed, the associated costs will be charged based on the data stated in the Agreement. The number of guests determined by or on behalf of the Lessor is leading in this regard.
Article 7 — Location(s)
7.1 It is the responsibility of the Lessee to check before entering into the Agreement whether the Location(s) is (are) suitable for the Lessee’s intended activity.
7.2 The Location(s) only include the spaces described in the Agreement and the facilities listed therein.
7.3 The Lessee is not permitted, without the express prior written consent of the Lessor:
- To use the Location(s) for purposes other than those described in the Agreement.
- To sublet the Location(s) to or give them for use to third parties.
7.4 The Lessee undertakes not to cause any nuisance or disturbance to the Lessor or third parties, including visitors and residents of the Roggebotstaete estate, and will ensure that guests and/or staff adhere to this obligation.
7.5 The Lessee is aware that the Location(s) border the Roggebotzand silence area and that they and their guests are bound by a certain maximum noise load, as laid down in the Regulation of the Provincial Council of the province of Flevoland containing rules on the physical living environment 2012, or regulations replacing that regulation.
7.6 The Lessee is obliged to inform guests, staff, and/or others involved by them in the rental of the Location(s) of the Lessor’s house rules. The Lessee is responsible and jointly and severally liable to the Lessor for compliance with the house rules by themselves and the parties mentioned in the previous sentence. The Lessee indemnifies the Lessor against all claims from third parties arising from the violation of the house rules or general terms and conditions by the Lessee, guests, staff, or others involved by the Lessee in the rental of the Location(s).
7.7 The Lessor reserves the right to address the Lessee in the event of a violation of the house rules. If the violation continues after a first warning regarding the violation of the house rules, the Lessee, including their guests and third parties engaged by them, is obliged to leave the Roggebotstaete estate immediately upon the first request of the Lessor.
Article 8 — Execution
8.1 The layout, use, and evacuation of the Location(s) by the Lessee must be done in consultation with the Lessor.
8.2 The Lessor has the right at all times to impose further binding regulations on the layout, use, and evacuation of the Location(s) if this is necessary for public order and safety, on the advice of the fire department, police, mayor, or the Lessor themselves.
8.3 Unless the Lessee has obtained express prior written consent from the Lessor, the Lessee is not entitled to make changes to the Location(s) and other spaces and (outdoor) grounds.
8.4 The Lessee accepts the Location(s) in the state in which they are at the start of the rental period. Defects found at the end of the rental period are deemed to have arisen during the rental period, unless the Lessee can demonstrate that the defects already existed before the start of the rental period.
8.5 The Lessee must deliver the Location(s) vacated and cleaned at the agreed time of termination of the rental period, in accordance with the house rules and the state in which the Location(s) were at the start of the rental period. If the Lessee does not comply with the provisions of this article 8.5, the Lessor reserves the right to recover the associated costs from the Lessee.
Article 9 — Liability and damage
9.1 The Lessee must take all necessary measures before and during the rental period to comply with the rules in these general terms and conditions, the Agreement, and the house rules.
9.2 Prior to the rental of the Location(s), the Lessee is obliged to inform the Lessor correctly and fully in writing about any risks to the Location(s) and/or the good name of the Lessor that may arise from or because of the activities during the rental period. These risks include, but are not limited to, the visitor profile, the nature of the activities, potential threat or attraction of undesirable behavior, and social or political unrest. If the Lessee violates this duty of information and notification, the Lessor has the right to terminate the Agreement with immediate effect without any liability for damages. Termination of the Agreement does not affect the Lessee’s payment obligation, nor the Lessor’s right to recover damages suffered from the Lessee.
9.3 The Lessee is liable for damage suffered by third parties as a result of the rental of the Location(s) and the spaces made available, and indemnifies the Lessor against all claims from third parties arising from that damage.
9.4 The Lessee is obliged to compensate the Lessor, upon first request, for damage to the Location(s) and other spaces and locations made available, damage to and/or loss of goods of the Lessor or third parties contracted by them, insofar as this loss and/or damage occurred during the rental of the Location(s) by the Lessee.
9.5 The Lessor is not liable for, and the Lessee indemnifies the Lessor against, claims arising from injury, illness, damage, and/or loss of goods and valuables of the Lessee, third parties contracted by them, and guests, arising during the rental of the Location(s) and by whatever cause, except in the case of intent or gross negligence on the part of the Lessor and/or its staff.
9.6 The Lessor is only liable to the Lessee for damage (i) that is covered by its liability insurance and up to the amount paid out by its insurance, increased by the amount of its deductible, or (ii) in the case of intent or gross negligence on the part of its managers.
Article 10 — Force Majeure
In cases of force majeure, circumstances that are not attributable to the Lessor and as a result of which (timely) compliance with the Agreement cannot reasonably be required of the Lessor, such as but not limited to (i) extreme weather, (ii) withdrawal of permits, (iii) restrictive government measures, or (iv) national mourning, the Lessor has the right to dissolve the Agreement in whole or in part and/or suspend its execution, without any obligation to pay compensation to the Lessee. Any down payments will be refunded within 21 calendar days.
Article 11 — Applicable law
All legal relationships between the Lessor and the Lessee are exclusively governed by Dutch law.
Drawn up April 2023