General Terms and Conditions (B2B)

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 Lessor.

1.3 Location(s): one or more locations on the Roggebotstaete estate, Vossemeerdijk 6, 8251 PN in Dronten, the Netherlands, as specified in the agreement.

1.4 Services: support work in the rental of a Venue, such as but not limited to catering.

1.5 Agreement: an agreement concerning the lease of one or more Locations between Lessor and Lessee.

1.6 Written: on paper, via email or WhatsApp message.

Article 2 – Applicability

2.1 These terms and conditions shall apply to all Lessor’s offers to Lessee and all Agreements between Lessor and Lessee.

2.2 Deviations from these General Terms and Conditions are only valid if the Lessor expressly confirms them In Writing.

2.3 The Agreement is also exclusively subject to Lessor’s house rules (attached). In case of conflict between these 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 Lessor’s quotations are valid for up to 21 calendar days unless otherwise agreed in Writing, or if the Lessee rejects the quotation within that period.

3.2 Lessor’s is bound if (a) the Written Quotation specifies the Location(s), period and price and (b) Lessee accepts the offer without modification by agreeing in Writing within the validity period and (c) Lessee has paid Lessor the full or agreed percentage of the invoice amount.

3.3 If Lessee wishes to make changes to the offer, Lessee must notify Lessor In Writing. Lessor will send a revised quote if in agreement with the changes. An amended quotation replaces the previous quotation and has a new validity period of 14 calendar days, unless otherwise agreed upon.

Article 4 – Options

4.1 Before the Lessee requests a quotation or the quotation process is complete, the Lessor may provide an option for one or more Locations at the request of the Lessee.

4.2 Only options provided in writing shall be binding on the Lessor. Options are valid for a period of 21 calendar days from the date of issuance of the option, unless the Lessor specifically states a different period. If the option period is longer than the offer acceptance period, the option period applies to the remaining portion of the offer period.

4.3 Both the Lessor and the Lessee have the right to terminate the option early, which can only be done in writing.

4.4 If the Lessor wishes to terminate the option prematurely, it is obliged to give the Lessee at least 1 month’s notice. This is only possible if the deposit has not yet been paid.

Article 5 – Billing & Payments

5.1 Payments must be made within 14 calendar days of the invoice date to Lessor’s account number as indicated on the invoice, unless a different term is agreed upon in writing.

5.2 Lessee is obliged to:

  • In case of a rental period later than 12 months after booking: 25% of the total cost for the Venue(s) and Services to be paid as a deposit upon acceptance of the offer, 75% no later than two weeks prior to the event and after the event, any post-calculation/settlement;

  • In the case of a rental within 12 months of booking: 50% of the total cost for the Venue(s) and Services to be paid as a deposit upon acceptance of the offer, 50% two weeks prior to the event and after the event any post-event billing/settlement;

  • In the case of a rental within one month of booking: 100% of the total cost for the Venue(s) and Services to be paid upon acceptance of the offer and after the event, any post-calculation/settlement.

5.3 The final invoice mentioned in Article 5.2 shall provide a specification of the Services provided, of a specification on subsequent calculation of the Services provided, as well as a specification of VAT.

5.4 Payment terms are deadlines.

5.5 If no payment has been made within the payment period, the Lessee shall be in default by operation of law. In that case, Lessee shall owe statutory interest as well as extrajudicial collection costs of 15% of the principal amount of the Contract with a minimum of €350.

Article 6 – Changes & Cancellations

6.1 Cancellation and modification of the Contract by Lessee shall be in writing, clearly stating the offer number.

6.2 The date of cancellation is the date the cancellation is received by Lessor.

6.3 Whole cancellation of the Agreement; with respect to the rental of the Venue(s) and Services:

  • up to 10 calendar weeks before the agreed reservation date is free of charge;
  • from 10 to 8 calendar weeks prior to the agreed upon reservation date, Lessee shall pay Lessor 25% of the agreed upon costs;
  • from 7 to 5 calendar weeks prior to the agreed reservation date, Lessee shall pay Lessor 50% of the agreed costs;
  • from 4 calendar weeks before the agreed reservation date, Lessee must pay Lessor 100% of the agreed costs.

6.4 If, in the event of cancellation of the Contract, the deposit(s) already received by Lessor from Lessee exceeds the costs to be paid in accordance with Article 6.3, Lessor shall refund Lessee the excess amount paid 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 proportionately.

6.6 Reduction of the number of guests with settlement of costs in relation to agreed Services is possible only 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 execution of the Agreement than agreed upon, the related costs will be charged on the basis of the data stated in the Agreement. The number of guests determined by or on behalf of the Lessor shall be controlling therein.

Article 7 – Location(s)

7.1 It is the Lessee’s responsibility to ascertain prior to entering into the Agreement whether the Venue(s) are suitable for the Lessee’s intended activity.

7.2 The Location(s) include only the spaces described in the Agreement and the facilities specified therein.

7.3 The Lessee shall not, without the express prior written consent of the Lessor:

  1. a) Use the Location(s) for purposes other than as described in the Agreement.
  2. (b) Subletting the Location(s) to, or giving it in use to, third parties.

7.4 The Lessee undertakes not to cause a nuisance or inconvenience to the Landlord or third parties, including visitors and residents of the Roggebotstaete estate, and shall ensure that guests and/or staff comply with this obligation.

7.5 The Lessee is aware that the Location(s) are adjacent to the Roggebotzand Silence Area and that it and its guests are bound by a certain maximum noise level, as laid down in the Regulation of the Provincial States of the Province of Flevoland containing rules on the physical living environment 2012, or regulations replacing that Regulation.

7.6 The Lessee is required to make the Landlord’s house rules known to the guests, staff and/or others engaged by it in the rental of the Venue(s). Lessee is responsible and jointly and severally liable to Lessor for compliance with the house rules by herself and the parties mentioned in the previous sentence. Lessee shall indemnify Landlord against all third party claims arising from the violation of the house rules or general conditions by Lessee, guests, staff or others involved by Lessee in the rental of the Venue(s).

7.7 Lessor reserves the right to hold Lessee accountable for any violation of the House Rules. If after a first warning regarding the violation of the house rules the violation continues, the Lessee, including her guests and third parties engaged by her, is obliged to leave the Roggebotstaete estate immediately at the first request of the Lessor.

Article 8 – Execution

8.1 The furnishing, use and vacating of the Location(s) by Lessee must be done in consultation with Landlord.

8.2 Lessor shall at all times have the right to impose further binding regulations in the establishment, use and evacuation of the Location(s) if necessary for public order and safety, on the advice of the fire department, police, mayor or Lessor itself.

8.3 Unless the Lessee has obtained the Lessor’s prior express written consent, the Lessee is not entitled to make any changes to the Location(s) and other areas and (outdoor) grounds.

8.4 The Lessee accepts the Site(s) in the condition in which they are at the commencement of the rental period. Defects found at the end of the rental period are deemed to have occurred during the rental period, unless Lessee can plausibly demonstrate that the defects already existed before the start of the rental period.

8.5 The Lessee must return the Location(s) vacated and cleaned at the agreed time of termination of the rental period, in accordance with the house rules and the condition in which the Location(s) was located at the start of the rental period. If Lessee fails to comply with the provisions of this Section 8.5, Lessor reserves the right to recover the related costs from Lessee.

Article 9 – Liability and damages

9.1 Lessee must take all necessary measures before and during the rental period to comply with the rules in these general conditions, the Agreement and the house rules.

9.2 The Lessee is required to correctly and fully inform Lessor in writing prior to the rental of the Venue(s) of any risks to the Venue(s) and/or the good name of Lessor that may arise from or because of the activities during the rental period. These risks include, but are not limited to, visitor profile, the nature of the activities, potential threat or attraction of undesirable behavior, and social or political unrest. If Lessee violates this information and disclosure obligation, Lessor has the right to terminate the Agreement with immediate effect without any liability for damages. Termination of the Agreement shall not affect Lessee’s payment obligation, nor Lessor’s right to recover damages suffered from Lessee.

9.3 The Lessee is liable for damages suffered by third parties as a result of the rental of the Location(s) and the spaces put into use, and indemnifies the Lessor against all third party claims arising from such damages.

9.4 The Lessee is obliged to reimburse the Lessor, upon the Lessor’s first request, for any damage found by the Lessor to the Location(s) and other spaces and locations made available for use, damage to and/or loss of goods belonging to the Lessor or third parties contracted by it, to the extent that such loss and/or damage occurred during the Lessee’s rental of the Location(s).

9.5 Lessor shall not be liable for and Lessee shall indemnify Lessor for claims arising out of injury, illness, damage and/or loss of property and monetary values of Lessee, third parties contracted by it and guests, arising during the rental of the Venue(s) and from any cause whatsoever, except in the case of willful misconduct or gross negligence of Lessor and/or its personnel.

9.6 Lessor is liable to Lessee only for damages (i) covered by its liability insurance and up to the amount paid by its insurance, plus the amount of its deductible, or (ii) in the event of intent or gross negligence of its executives.

Article 10 – Force majeure

In cases of force majeure, circumstances not attributable to Lessor that prevent Lessor from (timely) compliance with the Agreement, such as but not limited to (i) extreme weather, (ii) revocation of licenses, (iii) restrictive government measures; or (iv) national mourning, Lessor shall have the right to terminate the Agreement in whole or in part and/or suspend its performance, without any obligation to pay damages to Lessee. Any deposits will be refunded within 21 calendar days.

Article 11 – Applicable law

All legal relations between Lessor and Lessee shall be governed exclusively by Dutch law.

Retrieved April 2023

General terms and conditions (consumers)

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 Lessor.

1.3 Location(s): one or more locations on the Roggebotstaete estate, Vossemeerdijk 6, 8251 PN in Dronten, the Netherlands, as specified in the agreement.

1.4 Services: support work in the rental of a Venue, such as but not limited to catering.

1.5 Agreement: an agreement concerning the lease of one or more Locations between Lessor and Lessee.

1.6 Written: on paper, via email or WhatsApp message.

Article 2 – Applicability

2.1 These terms and conditions shall apply to all Lessor’s offers to Lessee and all Agreements between Lessor and Lessee.

2.2 Deviations from these General Terms and Conditions are only valid if the Lessor expressly confirms them In Writing.

2.3 The Agreement is also exclusively subject to Lessor’s house rules (attached). In case of conflict between these 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 Lessor’s quotations are valid for up to 21 calendar days unless otherwise agreed in Writing, or if the Lessee rejects the quotation within that period.

3.2 Lessor’s is bound if (a) the Written Quotation specifies the Location(s), period and price and (b) Lessee accepts the offer without modification by agreeing in Writing within the validity period and (c) Lessee has paid Lessor the full or agreed percentage of the invoice amount.

3.3 If Lessee wishes to make changes to the offer, Lessee must notify Lessor In Writing. Lessor will send a revised quote if in agreement with the changes. An amended quotation replaces the previous quotation and has a new validity period of 14 calendar days, unless otherwise agreed upon.

Article 4 – Options

4.1 Before the Lessee requests a quotation or the quotation process is complete, the Lessor may provide an option for one or more Locations at the request of the Lessee.

4.2 Only options provided in writing shall be binding on the Lessor. Options are valid for a period of 21 calendar days from the date of issuance of the option, unless the Lessor specifically states a different period. If the option period is longer than the offer acceptance period, the option period applies to the remaining portion of the offer period.

4.3 Both the Lessor and the Lessee have the right to terminate the option early, which can only be done in writing.

4.4 If the Lessor wishes to terminate the option prematurely, it is obliged to give the Lessee at least 1 month’s notice. This is only possible if the deposit has not yet been paid.

Article 5 – Billing & Payments

5.1 Payments must be made within 14 calendar days of the invoice date to Lessor’s account number as indicated on the invoice, unless a different term is agreed upon in writing.

5.2 Lessee is obliged to:

  • In case of a rental period later than 12 months after booking: 25% of the total cost for the Venue(s) and Services to be paid as a deposit upon acceptance of the offer, 75% no later than two weeks prior to the event and after the event, any post-calculation/settlement;

  • In the case of a rental within 12 months of booking: 50% of the total cost for the Venue(s) and Services to be paid as a deposit upon acceptance of the offer, 50% two weeks prior to the event and after the event any post-event billing/settlement;

  • In the case of a rental within one month of booking: 100% of the total cost for the Venue(s) and Services to be paid upon acceptance of the offer and after the event, any post-calculation/settlement.

5.3 The final invoice mentioned in Article 5.2 shall provide a specification of the Services provided, of a specification on subsequent calculation of the Services provided, as well as a specification of VAT.

5.4 Payment terms are deadlines.

5.5 If no payment has been made within the payment period, the Lessee shall be in default by operation of law. In that case, Lessee shall owe statutory interest as well as extrajudicial collection costs of 15% of the principal amount of the Contract with a minimum of €350.

Article 6 – Changes & Cancellations

6.1 Cancellation and modification of the Contract by Lessee shall be in writing, clearly stating the offer number.

6.2 The date of cancellation is the date the cancellation is received by Lessor.

6.3 Whole cancellation of the Agreement; with respect to the rental of the Venue(s) and Services:

  • up to 10 calendar weeks before the agreed reservation date is free of charge;
  • from 10 to 8 calendar weeks prior to the agreed upon reservation date, Lessee shall pay Lessor 25% of the agreed upon costs;
  • from 7 to 5 calendar weeks prior to the agreed reservation date, Lessee shall pay Lessor 50% of the agreed costs;
  • from 4 calendar weeks before the agreed reservation date, Lessee must pay Lessor 100% of the agreed costs.

6.4 If, in the event of cancellation of the Contract, the deposit(s) already received by Lessor from Lessee exceeds the costs to be paid in accordance with Article 6.3, Lessor shall refund Lessee the excess amount paid 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 proportionately.

6.6 Reduction of the number of guests with settlement of costs in relation to agreed Services is possible only 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 execution of the Agreement than agreed upon, the related costs will be charged on the basis of the data stated in the Agreement. The number of guests determined by or on behalf of the Lessor shall be controlling therein.

Article 7 – Location(s)

7.1 It is the Lessee’s responsibility to ascertain prior to entering into the Agreement whether the Venue(s) are suitable for the Lessee’s intended activity.

7.2 The Location(s) include only the spaces described in the Agreement and the facilities specified therein.

7.3 The Lessee shall not, without the express prior written consent of the Lessor:

  1. a) Use the Location(s) for purposes other than as described in the Agreement.
  2. (b) Subletting the Location(s) to, or giving it in use to, third parties.

7.4 The Lessee undertakes not to cause a nuisance or inconvenience to the Landlord or third parties, including visitors and residents of the Roggebotstaete estate, and shall ensure that guests and/or staff comply with this obligation.

7.5 The Lessee is aware that the Location(s) are adjacent to the Roggebotzand Silence Area and that it and its guests are bound by a certain maximum noise level, as laid down in the Regulation of the Provincial States of the Province of Flevoland containing rules on the physical living environment 2012, or regulations replacing that Regulation.

7.6 The Lessee is required to make the Landlord’s house rules known to the guests, staff and/or others engaged by it in the rental of the Venue(s). Lessee is responsible and jointly and severally liable to Lessor for compliance with the house rules by herself and the parties mentioned in the previous sentence. Lessee shall indemnify Landlord against all third party claims arising from the violation of the house rules or general conditions by Lessee, guests, staff or others involved by Lessee in the rental of the Venue(s).

7.7 Lessor reserves the right to hold Lessee accountable for any violation of the House Rules. If after a first warning regarding the violation of the house rules the violation continues, the Lessee, including her guests and third parties engaged by her, is obliged to leave the Roggebotstaete estate immediately at the first request of the Lessor.

Article 8 – Execution

8.1 The furnishing, use and vacating of the Location(s) by Lessee must be done in consultation with Landlord.

8.2 Lessor shall at all times have the right to impose further binding regulations in the establishment, use and evacuation of the Location(s) if necessary for public order and safety, on the advice of the fire department, police, mayor or Lessor itself.

8.3 Unless the Lessee has obtained the Lessor’s prior express written consent, the Lessee is not entitled to make any changes to the Location(s) and other areas and (outdoor) grounds.

8.4 The Lessee accepts the Site(s) in the condition in which they are at the commencement of the rental period. Defects found at the end of the rental period are deemed to have occurred during the rental period, unless Lessee can plausibly demonstrate that the defects already existed before the start of the rental period.

8.5 The Lessee must return the Location(s) vacated and cleaned at the agreed time of termination of the rental period, in accordance with the house rules and the condition in which the Location(s) was located at the start of the rental period. If Lessee fails to comply with the provisions of this Section 8.5, Lessor reserves the right to recover the related costs from Lessee.

Article 9 – Liability and damages

9.1 Lessee must take all necessary measures during the rental period to comply with the rules in these general conditions, the Agreement and the house rules.

9.2 The Lessee must correctly and fully inform Lessor in writing of any risks to the Venue(s) and/or Landlord’s good name that may arise from the activities during the Tenancy. These risks include visitor profile, the nature of the activities, potential threat or attraction of unwanted behavior, and social or political unrest. If Lessee violates this obligation to provide information, Lessor has the right to terminate the Agreement without liability for damages and with immediate effect. Termination shall not affect Lessee’s payment obligation and Lessor’s right to recover damages.

9.3 The Lessee is liable for damages suffered by third parties as a result of renting the Location(s) and the spaces provided. Lessee shall indemnify Lessor against all third party claims arising from such damages.

9.4 The Lessee shall be required to compensate Lessor for damage to the Location(s), other premises and locations provided, and loss or damage to property of Lessor or its contracted third parties that occurs during the rental period, upon Lessor’s first request.

9.5 Lessor shall only be liable for damages to Lessee (i) covered by its liability insurance and up to the amount paid by the insurance, plus the amount of its deductible, or (ii) in the event of intent or gross negligence of its executives.

Article 10 – Force majeure

In cases of force majeure, circumstances not attributable to Lessor that prevent Lessor from (timely) compliance with the Agreement, such as but not limited to (i) extreme weather, (ii) revocation of licenses, (iii) restrictive government measures; or (iv) national mourning, Lessor shall have the right to terminate the Agreement in whole or in part and/or suspend its performance, without any obligation to pay damages to Lessee. Any deposits will be refunded within 21 calendar days.

Article 11 – Applicable law

All legal relations between Lessor and Lessee shall be governed exclusively by Dutch law.

Retrieved April 2023