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Vrijwaring Van Aansprakelijkheid

Updated August 2023

General: Article 1

The following terms and conditions apply to all offers made by Thematent, hereinafter referred to as “the user,” to the lessee, hereinafter referred to as “the lessee,” as well as to all agreements concluded between the user and the lessee. Any divergent terms and conditions presented by the lessee are explicitly rejected and do not bind the user, unless the user has expressly agreed to them in writing. Any deviations from these terms and conditions that the user applies to the lessee at any time for the benefit of the lessee do not grant the latter the right to later invoke them or to claim the application of such a deviation as established for themselves.

Offers and Agreements: Article 2

All offers are non-binding and based on data provided by the lessee. The agreement only comes into effect after the user has accepted or confirmed the order in writing, or has commenced its execution. The same applies if orders are received by the user’s staff, representatives, or intermediaries.

Prices: Article 3

The prices stated by the user are, unless expressly indicated otherwise, in euros excluding VAT and are based on the prices, wages, taxes, freight costs, etc., existing at the time of the offer. If one or more of these price components have increased since the offer, the user has the right to adjust the price accordingly, even if the change occurs due to circumstances that were anticipated in the offer. The user will notify the lessee of the price increase in writing. The lessee, who is not acting in the course of a profession or business, has the right to terminate the agreement without judicial intervention if the user has increased the price within three months after the conclusion of the agreement, unless price increases are mandatory under legal regulations.

Cancellation: Article 4

Cancellation of the agreement by the lessee is possible up to 24 hours before the execution of the agreement. Cancellation must be done in writing by registered letter. The moment the user receives the registered letter is decisive for the moment of cancellation. In case of cancellation, the lessee is liable for 50% of the agreed price, except for cancellations between the 7th day and 24 hours before the execution of the agreement, in which case the user has the right to charge 75% of the agreed price. The user has the right to cancel the agreement or change the rental time in consultation with the lessee, up to 7 days before the scheduled execution date of the agreement. In this case, the lessee has no right to compensation for any reason.

Rental Period/Time: Article 5

Agreements between the user and the lessee regarding the time when the lessee can access the rented items (also referred to as otherwise provided items in these terms and conditions) will be made with the utmost care. In case of (imminent) exceedance of the agreed time, the user will contact the lessee to make new arrangements through mutual consultation. If the user again fails to adhere to the newly made arrangements, the lessee has the right to terminate the agreement two weeks after the user receives a registered request for performance of the agreement, if no compliance is observed. The user does not accept liability for damage resulting from the mentioned exceedance as described in this article.

Inspection and Complaints: Article 6

The lessee is obliged to inspect the rented items before use and/or installation. Complaints about one or more apparent defects must be communicated to the user in writing, substantiated with reasons, within a reasonable period after the defects have been discovered or should have been discovered, but in any case within 8 days after discovery. Interruption of the use of the rented items, for whatever reason, does not qualify for complaints. Complaints regarding invoices must be reported to the user in writing within 8 days.

Lessee’s Obligations: Article 7
The lessee is obliged to use the rented items in accordance with their intended purpose and to carefully follow the instructions of the user, its staff, and/or individuals engaged by the user. The lessee is liable for damage caused by the lessee or by third parties to the user’s staff, individuals engaged by the user, or to the rented items. If circumstances indicate that damage may occur and it is not reasonable to assume that the lessee can prevent such damage, the user has the right to take back and/or remove the rented items without the rights of the user to payment of the agreed price being diminished and without the lessee having any right to claim damages. In case of damage to the rented items, the cause of the damage and the consequences will be documented in writing by the user and communicated to the lessee as much as possible. If the lessee disagrees with the cause and consequences, he must communicate this in writing to the user with due speed, but no later than 5 days after the date of the aforementioned written communication, after which an independent claims expert associated with a recognized expertise bureau will be engaged by the user to provide a binding judgment for both parties. The costs of the report are borne by the party considered to have caused the damage.

Payment: Article 8
The user reserves the right to demand that the lessee provides security for the fulfillment of its payment obligations or that the agreed price be paid in full or in part in advance. The lessee will pay the total agreed price or, in the case of partial prepayment, the remaining amount, at the user’s discretion, in cash or no later than 14 days after the invoice date. Any discounts must be expressly and in writing agreed upon. In case of untimely payment, the lessee is automatically in default without the need for a separate notice of default. From the day of default, the lessee owes interest of 1% per month, with a portion of a month being considered a full month. The costs resulting from the lessee’s default in payment, both judicial and extrajudicial, are at the expense of the lessee. The extrajudicial costs are estimated at a minimum of 15% of the outstanding principal amount, as well as the interest due on it, with an absolute minimum of €45.

Liability: Article 9
Except based on mandatory legal provisions and except in cases of intent or gross negligence, the user is not obliged to compensate for any damage, of any nature whatsoever, direct or indirect, including business damage, damage to movable or immovable property, or to persons, both at the lessee and at third parties. The lessee indemnifies the user against any claims by third parties. The liability is always limited to the insured amount with respect to the occurring damage, except in cases where there is no insurance coverage, in which case the liability of the user is limited to an amount equal to the invoice value.

Termination: Article 10
In the cases described below, the user has the right to terminate the agreement, in whole or in part, without further notice of default, with immediate effect, or to suspend the execution of all agreements already concluded or parts thereof that have not yet been executed, until sufficient security has been provided, to the extent that this falls within the user’s competence: 1. If the lessee fails to fulfill, fails to fulfill in a timely manner, or fails to fulfill properly one or more of its obligations; 2. If the lessee is declared bankrupt or applies for a suspension of payment, offers an arrangement, or otherwise proves to be insolvent; 3. If performance of the agreement is permanently hindered or complicated due to force majeure, or if (further) performance by the user is reasonably objectionable. In case of termination as referred to above, the user is never obliged to pay any form of compensation. The lessee is obliged to indemnify the user against any claims by third parties that arise as a result of the termination. In the event of termination as referred to in 1, the lessee is obliged to reimburse all costs already incurred by the user immediately and to indemnify the user further by paying 10% of the agreed price, regardless of the user’s right to claim full indemnification.

Disputes and Applicable Law: Article 11
Dutch law applies exclusively to the agreement. All disputes concerning the formation, interpretation, or execution of this agreement or resulting additional agreements will be decided exclusively by the judge of the district in which the user is located, to the extent that they fall within the jurisdiction of the District Court. A dispute exists if one of the parties asserts as such.