This version of the general terms and conditions has been prepared on 19 April 2023 and replaces earlier versions of the general terms and conditions of Werkspoorkathedraal.
Article 1. Definitions
1.1 In these general terms and conditions, the following terms are used:
Werkspoorkathedraal: the legal entity or individual that will enter into or has entered into an agreement with the client for itself and/or on behalf of others.
Client: the party that will sign or has signed the agreement with Werkspoorkathedraal.
Quotation: the complete set of price quotations, brochure, and general terms and conditions.
Agreement: the signed confirmation, including the brochure and general terms and conditions as an integral part.
Production: the entire period hired by the client.
Written: correspondence via email.
Rental fee: the rental price of the location mentioned in the quotation and/or confirmation.
Total fee: the total amount of the rental fee and other costs mentioned in the quotation and/or confirmation.
Article 2. Applicability
2.1 These general terms and conditions apply to every quotation, confirmation, and agreement between the client and Werkspoorkathedraal unless both parties (Werkspoorkathedraal and the client) have agreed otherwise in writing.
2.2 These general terms and conditions also apply to all agreements that the client enters into with third parties to execute the agreement between Werkspoorkathedraal and the client.
2.3 The applicability of the client’s purchasing or other conditions is expressly rejected.
2.4 Werkspoorkathedraal is entitled to unilaterally amend the general terms and conditions, and the client will be informed about such changes.
2.5 The house rules of Werkspoorkathedraal apply to the agreement, which can be consulted at werkspoorkathedraal.nl/huisregels.
Article 3. Options
3.1 Before the client requests a quotation or before the agreement is signed, Werkspoorkathedraal may grant the client an option on the rental of the location upon the client’s request.
3.2 Only options provided in writing by Werkspoorkathedraal are binding.
3.3 Options are valid for a period of 21 days from the date of issue, unless a different period is specified by Werkspoorkathedraal. If the option period is longer than the acceptance period of the quotation, then the option period applies for the (remaining) duration of the quotation.
3.4 If the client allows the option period to expire and wishes to have a new option or extend the existing option, Werkspoorkathedraal is not obligated to offer a new option or extend the existing one.
3.5 Both Werkspoorkathedraal and the client are entitled to terminate the option in writing at any time. In such a case, Werkspoorkathedraal may allow the client to make use of the option within 24 hours (excluding Saturdays and Sundays) after receiving the notification.
3.6 The client is aware that the event to be organized must be suitable for the reputation, image, and other events of the location of Werkspoorkathedraal and must not cause inconvenience to other tenants, users, and residents of the building.
Article 4. Quotation
4.1 Quotations from Werkspoorkathedraal are valid for fourteen days from the quotation date unless otherwise agreed in writing or if the client rejects the quotation within that period.
4.2 Werkspoorkathedraal is only bound when its quotation includes at least the following:
The space(s) that will be rented, the period of rental, and the rental price.
The type of event for which the space(s) will be rented.
The estimated number of attendees.
The quotation or confirmation as mentioned in article 6.1, signed by the client for approval.
Written approval from Werkspoorkathedraal.
4.3 The risk of ambiguities arising from verbal or telephone orders and statements lies with the client.
4.4 If changes occur during the period stated in article 4.1 that significantly alter the nature of the intended event, such as differences in the number of visitors, the nature of the event, the timings, etc., Werkspoorkathedraal has the right to amend the quotation or issue an entirely new one.
Article 5. Additional Services
5.1 Additional services provided by Werkspoorkathedraal (the venue) will be specified in the offer provided to the client (the event organizer).
5.2 The additional services may include, but are not limited to:
a. Security: The venue may provide security personnel during the event as needed. The client may also be required to provide additional security measures if deemed necessary by the venue.
b. Fire Safety: If the fire alarm system is (partially) deactivated, the use of a fireguard (fire warden) is mandatory.
c. First Aid: The venue will determine whether and how many first aid personnel need to be present during the event.
d. Cleaning: The venue will handle the final cleaning of the rented space immediately after the removal of materials and facilities brought in for the event. In case of excessive contamination, the venue has the right to charge the client for extra cleaning costs. Removal costs of materials left behind will be charged separately.
5.3 Other additional services: If necessary, the venue will include a plan with associated cost estimation, which may include expenses for items such as parking plans, along with the offer provided to the client.
5.4 Instructions from the venue manager and additional service providers, such as security personnel, first aid personnel, parking attendants, and fireguards, must be followed by the client and their guests at all times.
Article 6. Confirmation
6.1 When the client verbally or in writing agrees to the offer, Werkspoorkathedraal will send a confirmation of the arrangements made, including the agreed prices.
6.2 The confirmation must be signed and returned within ten working days from the date of dispatch.
6.3 The agreement is established upon acceptance of the assignment by Werkspoorkathedraal. However, the client and their guests can only claim rights under the agreement after payment of the first invoices up to production, as outlined in article 8.2.
Article 7. Cancellation or Modification
7.1 Cancellation of the agreement can only be done in writing.
7.2 Upon cancellation for any reason, including force majeure on the part of the client, the client is obligated to make the following payments:
• Cancellation up to 90 days before the start of the production date: 50% of the agreed contract amount.
• Cancellation between 89 and 30 days before the start of the production date: 75% of the agreed contract amount.
• Cancellation between 29 and 14 days before the start of the production date: 100% of the agreed contract amount.
• Cancellation between 13 days and 0 days before the start of the production date: 100% of the agreed contract amount.
7.3 If the cancellation causes more significant damage to Werkspoorkathedraal than the cancellation fee stated in Article 7.2, the client must compensate the higher (damage) amount to Werkspoorkathedraal. This includes payment obligations towards third parties engaged by Werkspoorkathedraal for the client, other claims from third parties, and/or fees for (additional) permits.
7.4 The date of receipt of the cancellation in writing by Werkspoorkathedraal is considered the date of cancellation.
7.5 Changes to the event’s timing can only be made by the client after approval by Werkspoorkathedraal.
7.6 If the client changes the event’s timing within seven days before the event start date, Werkspoorkathedraal is entitled to charge additional costs.
7.7 If Werkspoorkathedraal agrees to a fixed price with the client when concluding the agreement, Werkspoorkathedraal is entitled to increase the price, even if the original price was not given subject to change.
Article 8. Payments
8.1 Payments must be made within fourteen days after the invoice date unless otherwise specified in writing in the confirmation.
8.2 The client is obligated to make the following payments:
• 25% of the agreed contract amount upon confirmation of the agreement.
• 50% of the agreed contract amount no later than 30 days before the production start date.
• 25% of the agreed contract amount, supplemented to 100% of the agreed contract amount after the production.
If the client only rents the “Wasruimte” (Washroom), the client is required to pay 100% of the contract amount upon confirmation.
8.3 Any additional costs or reductions will be invoiced by Werkspoorkathedraal immediately after the production as a final invoice, taking into account the payments made according to Article 8.2.
8.4 Werkspoorkathedraal will send invoices to the client in a timely manner for each of the payment moments mentioned in Article 8.2.
8.5 The final invoice will provide an accurate specification of the services provided, including a calculation of the associated rates, additional costs charged, and a VAT breakdown.
8.6 The client is required to timely provide the amounts upon which Werkspoorkathedraal may invoice a 5% commission.
8.7 The payment term is a strict deadline. The client is not entitled to suspend or offset any payment.
8.8 If the client fails to make the payment within the payment term, the client is automatically in default. They will then owe statutory commercial interest (where a part of the month is considered a whole month) and extrajudicial collection costs of 15% of the principal amount with a minimum of €350.
8.9 If the client is established outside the Netherlands, they are obliged to comply with the guidelines provided by the Dutch tax authorities concerning the payment of VAT.
Article 9. Provisions regarding Execution
9.1 The client acknowledges and accepts that the location is classified as industrial heritage, which limits Werkspoorkathedraal’s maintenance capabilities. Therefore, the client must exercise extra care when using the rented space.
9.2 The setup, use, and delivery of the rented space must be done in consultation with Werkspoorkathedraal and in accordance with their safety regulations.
9.3 Werkspoorkathedraal reserves the right to provide additional binding instructions regarding the setup, use, and delivery of the rented space. These instructions will consider the prevailing regulations concerning public order and safety, any instructions given by the fire department, police, or mayor, and anything else Werkspoorkathedraal deems necessary.
9.4 No changes to the rented space and other areas, including outdoor areas, may be made without prior written consent from Werkspoorkathedraal.
9.5 The client accepts the rented space in the condition it is in at the start of the rental period. Any defects discovered at the end of the production will be assumed to have occurred during the production, unless the client can prove that such defects (such as damage) already existed before the production.
9.6 At the specified end time of the production, the client must vacate and return the rented space entirely clean in the same condition as when it was provided. If there is a delay in returning the space or if it is not cleaned, Werkspoorkathedraal has the right to charge the client a penalty equal to the contract amount of the agreement, without prejudice to Werkspoorkathedraal’s right to claim full compensation for damages.
9.7 Confetti snippers are prohibited, but confetti streamers are allowed. If confetti snippers are used despite the prohibition, the client will be charged a fine of €2,500.00 exclusive of VAT.
9.8 Gas cylinders are prohibited in terms of fire safety. If gas cylinders are used despite the prohibition, the client will be charged a fine of €2,500.00 exclusive of VAT.
9.9 If tape is used, any costs incurred for removing adhesive residues and/or damage after removing the tape will be charged to the client.
Article 10. Responsibilities, Rights, and Obligations
10.1 The client must at all times take the necessary measures with regard to the nature of the location (an old factory hall) and compliance with the following:
a. The agreement;
b. The general terms and conditions;
c. The brochure; and
d. The house rules.
10.2 The Werkspoorkathedraal is responsible for the required permission and/or permits from third parties, unless otherwise agreed in writing. The costs incurred in this regard will be borne by the client.
10.3 The client is obliged to provide the Werkspoorkathedraal with all information necessary for the execution of the assignment, in a timely manner. The client is responsible for the accuracy and completeness of the information provided.
10.4 The client is required to inform the Werkspoorkathedraal in writing, both prior to and during the production, of any risks to the status of the rented premises and/or its good name that may arise from or due to the event. This includes, but is not limited to, the visitor profile, the nature of the event, potential threats or attraction of undesirable behavior, political or social unrest, and possible rejection of required permits in general, also based on the Wet Bibob (Public Administration Probity Screening Act) or the location’s own permits.
10.5 If the client fails to fulfill the information obligations of Article 10.3 and/or 10.4, or if the information provided is found to be incorrect, the Werkspoorkathedraal has the right to suspend its obligations, cancel the agreement, or terminate it in another way, without the client being entitled to any form of compensation. Cancellation or termination due to violation of the aforementioned information obligation(s) does not exempt the client from the payment obligation, nor does it waive the right of the Werkspoorkathedraal to claim full damages suffered.
10.6 The client is responsible for the payment of fees related to the use of (intellectual property) rights of third parties (including but not limited to Buma/Stemra rights).
10.7 The client is responsible for the actions and omissions of visitors, guests, third parties contracted by the client, etc., throughout the entire production.
10.8 The client is responsible for the catering (food and beverages) of third parties hired by the Werkspoorkathedraal for the client, during the client’s rental days.
Article 11. Damage and Liability
11.1 The total liability of the Werkspoorkathedraal on any legal basis and for any claim(s) is limited to the compensation of direct damages, up to a maximum of the agreed rental amount, unless there is intent or gross negligence on the part of the Werkspoorkathedraal.
11.2 All complaints and defects must be received in writing by the Werkspoorkathedraal within 24 hours after becoming known or after they could have reasonably been known. If this deadline is not met, any claims by the client against the Werkspoorkathedraal shall lapse.
11.3 The client is not entitled to any form of compensation for damages on any grounds if:
a. The client has not fulfilled or has insufficiently fulfilled its obligations as stated in Article 10.3 and 10.4, and as a result, the Werkspoorkathedraal (i) cancels the assignment in whole or in part, to which the Werkspoorkathedraal is entitled in that case, and/or (ii) the Werkspoorkathedraal has informed the client of such cancellation in writing, and the client nevertheless wishes to proceed with the assignment; or
b. The damage occurred due to the Werkspoorkathedraal relying on incorrect and/or incomplete information provided by or on behalf of the client.
11.4 Everything brought into or around the building(s) and/or the rented premises by or on behalf of the client is there at the client’s own risk. The Werkspoorkathedraal is not responsible for damage to or loss of goods (e.g., due to leakage or draft), properties, and monetary values of the client or third parties (including the public and performers), including items deposited in the cloakroom, for any reason, except for intent or gross negligence of the Werkspoorkathedraal.
11.5 The client is liable for damages suffered by third parties resulting from the use of the rented premises and indemnifies the Werkspoorkathedraal against claims by third parties in this regard.
11.6 Damage to or loss of goods owned by the Werkspoorkathedraal and/or contracted suppliers caused by the client and/or its guests, employees, contracted third parties, or other individuals for whom the client is responsible, must be fully compensated by the client upon first request by the Werkspoorkathedraal.
11.7 The Werkspoorkathedraal has the right to have damage to walls, floors, and other damage in the rented space(s) and/or to the goods therein repaired at the expense of the client, without being obliged to notify the client thereof, to the extent that the damage occurred during the use of the relevant space(s) by the client or is directly related thereto. If the damage can no longer be repaired, the client is obliged to pay the Werkspoorkathedraal (replacement) compensation.
11.8 In the event of a breach of the house rules, the Werkspoorkathedraal is entitled to charge the client a penalty equivalent to the value of the assignment, without prejudice to the right of the Werkspoorkathedraal to claim full damages.
11.9 The Werkspoorkathedraal is not liable for the attendance at the relevant event.
Article 12. Force Majeure
12.1 Circumstances beyond the control of the Werkspoorkathedraal and of such a nature that compliance with the agreement can no longer be reasonably demanded in whole or in part (including but not limited to extreme weather conditions, revocation of one or more permits, national mourning, terrorist attack, or fire) give the Werkspoorkathedraal the right to wholly or partially terminate the assignment and/or suspend its execution without any obligation to pay damages. In such a case, the Werkspoorkathedraal retains its right to payment of the agreed sum, including but not limited to costs for third parties engaged by them.
12.2 To the extent that the Werkspoorkathedraal is (partly) dependent on third parties, whether or not engaged by them, for the execution of an agreement, shortcomings resulting from the actions or omissions of these third parties cannot be attributed to the Werkspoorkathedraal.
Article 13. Intellectual Property Rights
13.1 All images, drawings, ideas, and all intellectual property rights incorporated in an offer or confirmation or attached thereto are solely intended for use within the scope of the assignment to be provided or provided, and may not be used by the client for other purposes, nor may they be provided to any third party. All rights to these materials remain exclusively with the Werkspoorkathedraal.
13.2 The Werkspoorkathedraal reserves the right to reclaim the documents referred to in Article 13.1 at any time, and the client shall promptly return these documents to the Werkspoorkathedraal upon first request.
13.3 Sound and visual recordings of the event may not be made without written permission from the Werkspoorkathedraal.
13.4 The Werkspoorkathedraal reserves the right to make sound and/or visual recordings of the event, while complying with the provisions of the General Data Protection Regulation (GDPR).
13.5 The client shall ensure that its guests and third parties comply with the provisions of this article.
Article 14. Applicable Law and Jurisdiction
14.1 Dutch law shall exclusively apply to all legal relationships between the Werkspoorkathedraal and the client.
14.2 All disputes relating to, arising from, or in connection with the offers made by the Werkspoorkathedraal and/or the agreements concluded with the client, as well as all claims for default in payment, shall be exclusively brought before the competent court in the place of establishment of the Werkspoorkathedraal, unless the Werkspoorkathedraal chooses to initiate the claim or agrees to the jurisdiction of the court in the place of residence of the client.
14.3 In case of discrepancies between the Dutch text and any foreign translations of the agreement, general terms and conditions, or house rules, the interpretation according to the Dutch text shall be binding.
