General terms and conditions of DeLaMar concerning (commercial) rentals
Article 1. Definitions
1.1 Contractor or Theatre: Stichting DeLaMar Theater (Foundation DeLaMar Theatre).
1.2 Client: The natural or legal person which has entered into an Agreement with the Contractor.
1.3 Agreement: A commitment laid down in writing between the Client and the Contractor of the Reservation.
1.4 Reservation: A reservation for commercial rentals.
1.5 Quotation: an estimate of the costs and the corresponding conditions for the purpose of a Reservation provided to the Client by the Contractor.
1.6 Optional reservation: A provisional reservation following the Quotation and preceding an Agreement.
1.7 Reservation value: The total value of the reservation.
1.8 (Commercial) rentals: The Contractor who puts a (Theatre)hall, foyer or any other available room in the Theatre at the disposal of the Client for a given period of time and for the benefit of the Client for a remuneration.
Article 2. Applicability
2.1 These General terms and conditions apply to all (Optional) Reservations and Agreements between the Contractor and the Client.
2.2 These General terms and conditions can be made known, issued and declared applicable by, among others, printing them on the company stationery and including them in quotations, in confirmations and invoices and as an appendix, and by publishing them on the website of the Contractor.
2.3 All arrangements that depart from these General terms and conditions or act as a supplement to said terms will only be binding provided that the Contractor and the Client have agreed upon them in writing, and that they can only be applied to each separate Reservation.
2.4 Any and all applicability of the general terms and conditions of the Client are hereby explicitly rejected.
Article 3. Optional reservation and Agreement
3.1 The period of validity of an Optional reservation is included in the Quotation and will automatically expire when the Quotation expires.
3.2 The moment the Quotation has been (digitally) signed by the Client the Reservation will be permanent and an Agreement will have been realized.
3.3 The Client can change the number of guests up until ten (10) working days prior to the date of the Reservation. This number can deviate up to a maximum of 20% from the number stated in the Agreement.
3.4 In case the Contractor enters into an Agreement with two or more (legal) persons, each of these (legal) persons will be severally liable for observance of their obligations arising from the Agreement with the Contractor.
3.5 For misunderstandings, delays or when data and announcements are not coming through properly caused by the use of any means of communication between the Contractor and the Client, or between the Contractor and third parties, to the extent that these relate to the relationship between the Contractor and third parties, the Contractor will not be liable, unless there is intent and gross fault on the part of the Contractor.
3.6 The Contractor reserves the right to either withdraw the Quotation or to annul the Agreement, as a whole or in part, without judicial intervention, if and when the Client is guilty of discrimination, anti-Semitism, or if the subject that (among others) will be touched upon during the Reservation is in violation of the law and/or is contrary to good manners, and/or is contrary to the range of thought of the Contractor, if the Client applies for a (provisional) moratorium, if bankruptcy proceedings have been instituted against the Client, if, in fairness, the Agreement can (no longer) be carried out, if the Client has failed to make a down payment, if the Client passes away, or if the Client is negligent with regard to providing information that the Contractor desires or requires from the Client as part of the Agreement that has been entered into.
3.7 The prices are based on the factors that determine the price that were known at the time of making the Quotation. If up until the moment of carrying out the Agreement any circumstances arise that cause the cost price to rise, the Contractor will be entitled to pass on these price increases to the Client, such as increases of the prices of rights, taxes, prices of raw materials, labour costs, prices of deliveries by third parties.
Article 4. Payments
4.1 Payments will be made within 14 days from the day of invoice, unless the Agreement specifies otherwise.
4.2 The Client is obliged to make a down payment of 50% of the Reservation value that was agreed upon at the realization of the Agreement, unless agreed otherwise. Exceptions hereto are tickets for a show. Tickets for a show are sent after receipt of 100% of the Reservation value.
4.3 In case a payment has not been received in time, the Contractor has the right to cancel the order with immediate effect and to refuse further execution of said order, without being in default. This is observed as a cancellation by the Client, and Article 5.1 applies accordingly.
Article 5. Cancellations
5.1 In case of a cancellation for any reason whatsoever, up to and including a case of force majeure on the part of the Client, the Client will be liable to pay the Contractor the following:
- in the event of a cancellation during the period between the date of the Agreement and six (6) months prior to the performance of the Agreement: 100% of the rent for the theatre hall.
- in the event of a cancellation during the period between six (6) months prior to the performance of the Agreement and three (3) months prior to the performance of the Agreement: 50% of the Reservation value that was agreed upon (consisting of at least the amount of the rent for the theatre hall)
- in the event of a cancellation during the period between three (3) months prior to the performance of the Agreement and 31 days prior to the performance of the Agreement: 75% of the Reservation Value that was agreed upon (consisting of at least the amount of the rent for the theatre hall).
- in the event of a cancellation during the period of 30 days prior to the performance of the Agreement: 100% of the Reservation value that was agreed upon.
5.2 Any and all cancellations will be made in writing and will be dated. The date of receipt of the cancellation by the Contractor is observed as the cancellation date.
Article 6. Liability
6.1. The Contractor shall never be liable for damages, unless direct damages result from failure to carry out the Agreement, failure to carry out the Agreement in time, or failure to properly carry out the Agreement because of intent or gross fault on the part of the Contractor.
6.2. If the Contractor, in consideration of an imputable shortcoming in the observance of the Agreement, the Contractor might be liable for any damages suffered by the Client and/or third parties, such liability will be limited at all times to a maximum amounting to the Reservation value.
6.3. If the Contractor is prevented from observing the Agreement as a whole or in part, because of a non-imputable shortcoming, the Contractor is entitled to cancel, terminate or suspend the Agreement, to the extent that the Agreement has not yet been carried out, until fulfilment of the Agreement is possible yet again, without the Client being able to hold the Contractor liable in any way, shape or form. In such cases, the Client will at any rate be obliged to pay the Contractor for the part of the Agreement that has already been carried out.
6.4 If the décor for acting out the theatre performance does not permit that another (daytime) programme or matinée can take place, the Contractor shall, if possible, notify the Client of this without delay. In such an event, the Contractor is free to have the relevant event take place in a different hall, or to offer the Client the opportunity to postpone the event to a later available date free of charge.
6.5 If the suspended part of the Agreement is carried out at a later date, the Client will be obliged to pay the Contractor the entire amount due without any deductions. If the non-imputable shortcoming is of a permanent nature, the Contractor has the right to annul the Agreement without any obligation to pay compensation.
6.6 A non-imputable shortcoming is understood to mean, among others, the following: war, threat of war and riots, impeding measures taken by the Dutch government and foreign governments, fire, strikes, damage to and/or failures in equipment and/or operating systems for said equipment, decease of one or more members of the Royal Family, traffic congestion and/or hold-ups, floods, lockouts, sabotage, illness or incapacity for work of any of the artistes, and all unforeseen circumstances in general in the Netherlands and abroad, as a result of which observance of the Agreement can no longer be reasonably be demanded of the Contractor. The Contractor does not accept any liability for the expenses that have already been incurred by the Client.
6.7 In the case of Article 3.6 the Contractor is not obliged to pay compensation to the Client. Any and all amounts paid by the Client still remain due. In the case of a cancellation within the meaning of Article 3.6 mentioned earlier, the Client shall be liable for any damage suffered by the Contractor, including loss of profit.
6.8 In the event of damage to any items in the Theatre or any injury sustained by any of the employees of the Contractor that arises during the fulfilment of the Agreement and is caused by any acts or negligence on the part of the Client, its subordinates, employees and/or guests, the Client shall pay compensation for the damage that results from this to the Contractor within 30 days of receipt of a request to that effect. In any event, the Client shall pay the rated value of the items and/or the cost of repair of said items, the costs of medical care, loss of income, and damages for pain and suffering. The Client bears the responsibility for proper third-party liability insurance for itself, its subordinates, employees and/or its guests.
6.9 In cases where the Client fails to fulfil its obligations towards the Contractor, the Client will be in default without any notice of default being required. In case the Client is in default, the Client must pay all expenses incurred by the Contractor, whether they are judicial or extrajudicial expenses.
Article 7. Complaints
7.1 Complaints concerning services performed by the Contractor must made known by the Client to the Contractor in writing within 72 hours after the Agreement has been carried out. If the Client fails to file a complaint or fails to file a complaint timely, the Contractor cannot be accused of an imputable shortcoming.
7.2 If the Client exercises its right to file a complaint (as described in Article 7.1) this will under no circumstances suspend the payment obligations of the Client towards the Contractor.
Article 8. Tickets
8.1 The tickets that are provided to the Client by the Contractor are and will remain the property of the Contractor, and are provided to the Client by the Contractor subject to the applicability of the third-party beneficiary clause within the meaning of Book 6 Article 253 of the Dutch Civil Code, stating that the following is under no circumstances permitted, unless prior written consent has been obtained from the Contractor for:
a) reselling the tickets to third parties or providing third parties with those tickets by any other means, commercially or non-commercially, directly or indirectly;
b) offering the tickets, in some way or another, in commercial statements and/or promotional advertising or referring to the tickets or the productions to which these tickets provide access by any other means. By receipt of and payment for the tickets by the Client, the Client expressly declares towards the Contractor to accept the aforementioned third-party beneficiary clause.
To obtain the aforementioned written consent the Client should contact
the Contractor.
c) Unless agreed otherwise, the tickets for (commercial) rentals, events and/or performances at the Theatre may exclusively be purchased through the sales channels of the Contractor.
Article 9. Rules of conduct
9.1 Inside the Theatre the house rules apply, which can be found both on the website and in the Theatre itself.
9.2 If and when the guests do not observe the house rules, the staff of the Theatre can either refuse them admittance or demand them to leave the Theatre.
Article 10. Photographs, videos and social media
10.1 If during the rental photographs are taken, or audio and/or video recordings are made, the Client is responsible for expressly informing its guests about this and for complying with laws and regulations concerning privacy.
10.2 The Client has taken for granted that it is allowed to make audio and/or video recordings during a reservation which may possibly be used for promotional activities of the Client. In case this is not desired, the Client can notify the Contractor of this in writing up until five (5) business days prior to the rental.
10.3 If the Client takes photographs or makes video recordings during a rental in which the Theatre and its staff are recognizably brought into vision and the Client desires to use these materials for external purposes, written consent for this must have been obtained in advance from the Contractor (and the staff concerned).
Article 11. Additional conditions
11.1 The privacy statement applies to the processing of personal data by the Contractor and can be consulted on the website of the Contractor.
11.2 The Client is obliged to make exclusive use of the regular suppliers of the Contractor, unless agreed otherwise.
11.3 Inside the Theatre the General visitor terms and conditions apply to all visitors and guests of the Client.
11.4 If and to the extent that any provision of these General terms and conditions departs from what has been laid down in the General visitor terms and conditions, the provisions of these General terms and conditions shall prevail, provided that any relevant provision from these General terms and conditions is applicable.
The General terms and conditions of DeLaMar concerning (commercial) rentals were changed last on 25 September 2024.
These General terms and conditions of DeLaMar concerning (commercial) rentals have been drawn up in Dutch and translated into English. In case of any ambiguities or discrepancies with regard to the English text of the General terms and conditions of DeLaMar concerning (commercial) rentals the original Dutch version shall prevail at all times.