GENERAL TERMS AND CONDITIONS LIGHT LAB AMSTERDAM B.V./ STUDIO 13
Article 1 | Definitions
1.1 Light Lab Amsterdam B.V., established in Amsterdam, Chamber of Commerce no. 80592570, in these general terms and conditions referred to as hire company.
1.2 In these general terms and conditions, the other party is referred to as hirer.
1.3 The agreement refers to the agreement the hirer enters into with the hire company by placing a booking – against payment – for the use of a room of the hire company, and the booking confirmation that is subsequently sent by the hire company to the hirer in which the (payment) agreements are recorded and the general terms and conditions are declared applicable.
Article 2 | APPLICABILITY OF GENERAL TERMS AND CONDITIONS
2.1 These terms and conditions apply to all proposals, activities, agreements and provision of services by or on behalf of the hire company to which it has declared these terms and conditions applicable, insofar as these terms and conditions have not been explicitly deviated from in writing.
2.2 The terms and conditions also apply to actions of third parties engaged by the hire company in the context of the assignment.
2.3 The most recent version of these general terms and conditions, which can be found on the website of the hire company, always applies.
2.4 The applicability of the general terms and conditions of the hirer is explicitly rejected by the hire company.
Article 3 | PROPOSAL AND OFFER
3.1 The hire company is not obliged to abide by its offer and/or booking confirmation if it is reasonably understandable for the hirer that the offer and/or booking confirmation or parts thereof contain an apparent error or mistake.
3.2 The conditions as laid down in offers and/or booking confirmations do not automatically apply to subsequent bookings.
3.3. A booking is only valid if it is placed through the designated system and confirmed by a booking confirmation from the hire company to the hirer.
3.4 Images of the location are a true reflection of the accommodation. However, no rights can be derived from these images. The hire company is entitled to adjust the interior if it deems this necessary.
Article 4 | RATES AND PAYMENTS
4.1 The agreement is concluded for a fixed period, unless the nature of the agreement stipulates otherwise or if the parties explicitly agree otherwise in writing.
4.2 Placing a booking creates an obligation to pay the agreed hire price.
4.3 If the hirer wishes more time than agreed on in advance, the hirer must book additional hours. This is only possible if no other reservation has already been made for the extra desired time frame. The hire company can never guarantee that use can be made of the space outside the initially reserved part of the day.
4.4 The rates agreed on when entering into the agreement are based on the price level applied at that time. The hire company has the right to adjust the fees at any time, if changed circumstances require this. Adjusted rates will be communicated to the hirer as soon as possible.
4.5 If the hirer is in default or fails in the fulfilment of its obligations, all judicial and extrajudicial costs reasonably incurred to collect payment will be at the expense of the hirer.
Article 5 | OBLIGATIONS OF THE HIRER
5.1 The hirer must make all information relevant to the performance of the assignment available to the hire company in good time.
5.2 The hirer guarantees the correctness, completeness and reliability of the data made available, also if this originates from third parties. The hire company will treat the data confidentially.
5.3 The hirer indemnifies the hire company against any damage resulting from failure to comply with the provisions of the first paragraph of this article.
5.4 Guests may never be present in the property of the hire company without being accompanied by the hirer and doors must be locked at all times when the room is left.
5.5 The hirer is obliged to comply with the applicable internal rules.
Article 6 | EXECUTION OF THE AGREEMENT
6.1 It is prohibited to use flammable items or articles that can lead to damage or pollution of the space. Furthermore, smoking is not permitted in and around the building.
6.2 After the hire period, the hirer must ensure that the space is left clean and tidy. If the space is not left clean or swept, the hire company is entitled to pass on cleaning costs to the hirer.
6.3 The hirer is aware of the presence of neighbours and is not expected to cause any (noise) nuisance.
6.4 The hirer, whether or not the person who made the booking, is responsible for notifying all persons who will be present during the booked time slot of the internal rules.
Article 7 | RESERVATION
7.1 The smallest reservation unit is a period of 4 hours.
7.2 The hirer takes into account the desired preparation and any extension of a session when making the reservation. In the event of an extension, the hire company will charge an additional price on top of the agreed hire fee.
ARTICLE 8 | CHANGES, CANCELLATIONS AND FORCE MAJEURE
8.1 The hire company has the right to refuse a booking.
8.2 In the event of force majeure, the hire company has the right to interrupt, move or cancel the agreement. Force majeure includes if the execution of the agreement is prevented, temporarily or otherwise, by circumstances beyond the hire company’s reasonable control, such as illness, accidents, storm damage, leakage, fire, pandemic or government measures.
8.3 If the hirer wishes to cancel or reschedule the agreement, this is possible up to 72 hours before the reserved time, free of charge. If the hirer wishes to cancel or reschedule the booking within 48 hours, the hire company is entitled to charge 50% of the original booking costs. If the hirer wishes to cancel or reschedule the booking within 24 hours, the hire company is entitled to charge 100% of the original booking costs.
8.4 In the event of force majeure, the parties may interrupt or move the agreement. Force majeure includes if the execution of the agreement is prevented, temporarily or otherwise, by circumstances beyond the parties’ reasonable control. Examples include illness, accidents, storm damage, leakage, fire, pandemic or government measures.
Article 9 | LIABILITY FOR DAMAGE
9.1 The hirer is not liable for damage resulting from this agreement, unless the damage was caused by the intent or gross negligence of the hire company or one of its employees.
9.2 Access to the premises is in principle at the hirer’s risk.
9.3 The hire company cannot be held liable for damage due to it acting on incorrect or incomplete information provided by or on behalf of the hirer.
9.4 The hire company is not responsible and liable for acts and actions, including delays, caused by suppliers.
9.5 The hire company is not responsible and liable for damage, loss or theft of personal or business property of the hirer within the premises.
9.6 The hire company cannot be held liable for the malfunctioning of equipment or network connections.
9.7 The hirer is responsible and liable for the behaviour of the guests he has brought along.
9.8 The hirer is obliged to take out valid liability insurance.
9.9 If the hirer causes damage to the hire company’s property, the hirer is obliged to reimburse the appraised value. Damage to the floor can also be passed on to the hirer. The hire company is also entitled to charge the hirer for lost income, as damage.
9.10 If the hire company owes compensation to the hirer for causing direct damage, the maximum damage to be compensated will not exceed the amount paid out by the liability insurance of the hire company, or if payment is not made, the amount the hire company has charged the hirer.
9.11 The hirer indemnifies the hire company against all third-party claims related to the services provided by the hire company.
Article 10 | SPECIAL PROVISIONS
10.1 Either party are obliged to keep secret all confidential information obtained from the other party within the framework of their agreement.
10.2 The hire company is permitted to exclude hirers, or guests of hirers, who do not comply with the internal rules or cause nuisance, from the premises.
Article 11 | COMPLAINTS
11.1 The hirer is obliged to make complaints about invoices and/or the services provided to the hire company in writing within 7 calendar days of the complaint arising.
11.2 Lodging a complaint does not suspend the payment obligations.
Article 12 | SETTLEMENT OF DISPUTES
12.1 These general terms and conditions are governed by Dutch law.
12.2 The parties will apply to the court only after they have exhausted every other possibility to settle a dispute amicably.
12.3 All disputes will be settled by the competent court in the district in which the hire company is located, unless a statutory obligation stipulates otherwise.
12.4 Contrary to the statutory limitation periods, the limitation period for all claims and defences against the hire company and third parties involved is 12 months.