General Terms and Conditions

General Sales Conditions for Services of Lodge Service Nederland B.V. and Lodge Selector.

Validity

All offers, agreements, and their execution are exclusively governed by these terms and conditions. Deviations must be expressly agreed upon in writing. In these conditions, “clients” are understood to mean any (legal) person who has entered into or wishes to enter into an agreement with Lodge Service / Lodge Selector, and in addition to these, their representative(s), authorized agent(s), legal successor(s), and heirs. The terms and conditions used by the client are expressly excluded if they conflict with the present conditions, unless expressly accepted in writing. By issuing an order, the client accepts the content and exclusive applicability of these conditions and is deemed to have tacitly agreed to the content and applicability of these conditions for subsequent oral or written orders. To the extent applicable, the provisions of the copyright law apply to the reports, records, and advice issued by Lodge Service / Lodge Selector.

Offers and Prices

All offers or price quotations for services, in any form whatsoever, are without obligation. As long as an agreement has not been concluded with Lodge Service / Lodge Selector, we are entitled to withdraw the offer or to change the offered prices and other conditions. The prices of the offered or agreed services are exclusive of value-added tax, which will also be charged to the client. The rates used are periodically reviewed (in principle annually as of January 1st) based on wage and price developments and within the limits set by the government.

Duration of the Agreement

The agreement is entered into for a fixed period. The agreement will be extended for an indefinite period after the agreed term, unless otherwise agreed. Lodge Service / Lodge Selector and the client can only terminate the agreement in writing, observing a notice period of three months, unless otherwise agreed.

Payment

Payment for the services provided by Lodge Service / Lodge Selector must be made within 14 days of the invoice date without any deduction or compensation for any reason whatsoever. Complaints regarding invoices must be submitted in writing to Lodge Service / Lodge Selector within 7 days of the invoice date, failing which they will be deemed to have been accepted by the client. If the client fails to pay on time, he will automatically be in default, and Lodge Service / Lodge Selector will be entitled to charge default interest equal to the statutory interest plus 1% as of the invoice date, without prejudice to any further rights accruing to Lodge Service / Lodge Selector. In the event of non-payment on time, the client is obliged to reimburse Lodge Service / Lodge Selector / De Veilige Basisschool for all extrajudicial and judicial costs incurred by Lodge Service / Lodge Selector in order to collect the debt.

 

The extrajudicial collection costs are deemed to be at least 5% of the amount due, with a minimum of € 100,-, without prejudice to the right of Lodge Service / Lodge Selector to claim a higher amount of extrajudicial collection costs if Lodge Service / Lodge Selector has become liable for a higher amount. Force majeure on the part of the client or Lodge Service / Lodge Selector which prevents the performance of the agreed services does not release the client from the obligation to pay and does not suspend that payment. Force majeure is understood to mean: any circumstances independent of the will of the parties which make it unreasonable to demand performance of the agreement by the client from us. This includes, in any case: strike, excessive employee absenteeism, (temporary) staff shortage, fire, business disruptions within the office or at the external expert engaged by us, not having sufficient data at our disposal or providing incorrect data, or the lack of sufficient cooperation by the client.

Liability

Lodge Service / Lodge Selector is obliged to execute the orders entrusted to it to the best of its knowledge and ability. In the event of damage caused by any act or omission of Lodge Service / Lodge Selector and/or its internal and external employees, whether or not in connection with the execution of the order given to Lodge Service / Lodge Selector or the agreement concluded with it, the following applies:

  1. Except in the event that the damage is directly caused by intent or gross negligence of Lodge Service / Lodge Selector itself, it applies that liability is excluded and Lodge Service / Lodge Selector is not obliged to pay any damages if its liability for the event(s) causing the damage is not covered by the statutory liability insurance (“WA-company policy”) as it applies at the time of the damaging event.
  2. The liability of Lodge Service / Lodge Selector never exceeds the maximum amounts covered by its WA-company policy.
  3. Notwithstanding the above, Lodge Service / Lodge Selector is not liable for damages:
    1. In respect of business and/or consequential damages.
    2. If Lodge Service / Lodge Selector has not been notified in writing by the client within 8 days after the client has become aware of the event causing the damage.
    3. Insofar as the damage is covered by any insurance taken out by the client.

The client indemnifies Lodge Service / Lodge Selector against any liability of third parties with regard to damage of any kind arising in connection with the performance of any order, insofar as this liability would be excluded if Lodge Service / Lodge Selector could invoke these conditions against those third parties.

 

The client is obliged to notify Lodge Service / Lodge Selector in writing within 8X24 hours if he is held liable by third parties for damage for which the client or the third party may hold Lodge Service / Lodge Selector (partly) liable. Such damage shall not be settled by the client except in consultation with Lodge Service / Lodge Selector (which, however, does not acknowledge liability by such consultation), all this at the risk of the forfeiture of the client’s claims against Lodge Service / Lodge Selector.

Confidentiality

Lodge Service / Lodge Selector undertakes to keep confidential all data relating to a given order, regardless of whether they are of a written or oral nature and regardless of their origin, for third parties. Lodge Service / Lodge Selector ensures that its employees behave in accordance with this provision and ensures that its employees agree in writing to the confidentiality obligation imposed on them. The confidentiality obligation applies during the term of the order and thereafter, without limitation. All data obtained during the order will only be used for the benefit of the client and will never be made available to third parties.

Competent Court and Applicable Law

With regard to this agreement and all related matters, we declare to choose our domicile at our office in Hilversum. All disputes arising from the content and/or execution of an offer and/or agreement to which these conditions apply shall be exclusively settled by the competent court within whose jurisdiction we are established. Only Dutch law applies.

 

Deposited with the Chamber of Commerce in Hilversum under number 1572

 

Last version dated: March 2024