Rental terms and conditions

1. 1.1

   These rental terms apply to all transactions and agreements concerning the hire and rental of movable property, as well as to every other agreement or offer relating to any of the services of Kraak de Kist, established in Ede, hereinafter referred to as the lessor.

2. 1.2

   Deviations from these terms, and the validity of any terms and conditions of the hirer(s), are hereby rejected in advance, unless otherwise agreed in writing. If the lessor accepts the hirer's terms, this does not affect the content of the remaining terms. The hirer means anyone who wishes to use items of the lessor on the basis of a rental agreement or wishes to make use of the lessor's services.

1. 2.1

   Arrangements and/or agreements made with subordinates of the lessor are not binding on the lessor, insofar as they have not been confirmed by the lessor in writing. In this context, subordinates means all employees and staff who do not hold a power of attorney.

1. 3.1

   Subject to the provisions below, an agreement is only concluded once the lessor has accepted an order in writing or has confirmed it in writing. The agreement is deemed to have been concluded on the date of the order confirmation.

2. 3.2

   The order confirmation is deemed to reflect the agreement correctly and completely. If the accuracy of the content of a written confirmation is not disputed within 8 days, the parties are bound by it. If these 8 days already fall within the period leading up to the rental date, the usual cancellation costs apply.

3. 3.3

   Any additional arrangements and/or commitments made at a later stage by the lessor, its staff, or on behalf of the lessor by its agents, representatives or other intermediaries, are binding on the lessor only if they have been confirmed by the lessor in writing.

4. 3.4

   For work for which, given its nature and scope, no order confirmation is sent, the invoice and/or rental agreement is also regarded as the order confirmation, which is likewise deemed to reflect the agreement correctly and completely.

5. 3.5

   Every agreement is entered into by the lessor subject to the condition precedent that the hirer, at the sole discretion of the lessor, proves sufficiently creditworthy for the financial performance of the agreement.

6. 3.6

   Upon or after entering into the agreement, and before performing (further), the lessor is entitled to demand security from the customer that both the payment obligations and the other obligations will be met.

7. 3.7

   If the lessor considers this necessary or desirable for the proper performance of the agreement, the lessor is entitled to engage third parties, the costs of which will be charged to the hirer in accordance with the quotations provided. The hirer is not entitled to terminate the agreement for that reason against payment for what has already been delivered or performed.

1. 4.1

   Changes of any kind to the original order, made in writing or verbally by or on behalf of the hirer, which give rise to higher costs than could be anticipated at the time of the quotation, will be charged to the hirer as an extra.

2. 4.2

   Changes to the performance of the order requested by the hirer after the order has been placed must be notified to the lessor by the hirer in good time and in writing. If they are communicated verbally or by telephone, the risk of implementing the changes lies with the hirer.

3. 4.3

   Changes ordered may result in the delivery time agreed before the change being exceeded by the lessor, through no fault of the lessor.

1. 5.1

   The rental agreement relates to the items described in that agreement, hereinafter referred to as: the item, and is concluded for the rental period stated therein. The purchase of the necessary accessories and the deposit owed by the hirer are paid in cash in advance and calculated in accordance with the relevant sections of the lessor's rental tariff.

2. 5.2

   Delivery times stated by the lessor are always approximate. The lessor can only be held liable if the hirer, having given the lessor a reasonable period in which to perform, gives the lessor formal notice of default.

3. 5.3

   If the rented items are collected by the hirer or by its authorised subordinate or persons in any capacity whatsoever, the hirer or its authorised representative, subordinate or persons in any capacity whatsoever must identify themselves by means of valid legal identification documents. It must also be established that the hirer is authorised to enter into a transaction as referred to in article 1.

4. 5.4

   Where transport is arranged by the hirer or otherwise in accordance with the previous paragraph, the rented items must always be inspected for soundness before loading. If this does not happen, the rented items are deemed to have been received and loaded in proper condition.

The hirer is prohibited from:

1. a.

   making the item available to third parties for use, encumbering it or sub-letting it, or selling it or otherwise disposing of it;

2. b.

   dismantling the item in whole or in part, except insofar as this concerns exchanging the usual accessories;

3. c.

   carrying out any repair to the item or having any repair carried out, unless with the express written consent of the lessor. Notwithstanding the lessor's consent for the hirer to carry out the repair, the hirer is liable if the repair has been carried out incompetently.

1. 7.1

   From the moment the hirer has taken receipt of the item, the item is entirely at the hirer's risk.

2. 7.2

   Loss, disposal, damage, destruction, theft, misappropriation or encumbrance of the item must be reported by the hirer to the lessor immediately upon discovery.

3. 7.3

   In the event of loss, disposal, damage, destruction, theft, misappropriation or encumbrance of the item, the hirer must compensate the lessor for the value of the item as new, in accordance with the price list applicable at that time.

4. 7.4

   The hirer must adequately insure, and keep insured, all items made available to it under the rental agreement, however named, against all risks for the period during which these items are under the hirer's control and/or within the hirer's sphere of risk.

5. 7.5

   In the event of loss, disposal, damage, destruction, theft or misappropriation, or encumbrance of the item, the hirer nevertheless remains obliged to pay the rental instalments due under the contract as if the item had not been lost, disposed of, damaged, destroyed, stolen, misappropriated or encumbered.

1. 8.1

   Every rental agreement is subject to an excess of 100% of the economic replacement value in the event of damage and theft, in respect of the game materials and accessories.

1. 9.1

   To avoid the risk of damage or injury to themselves or third parties, and to prevent damage to the item or to property of third parties, the hirer of the item must act with the necessary care, both during and outside use, and where applicable in accordance with the accompanying instructions for use.

2. 9.2

   Damage resulting from the hirer's conduct is not covered if the hirer has failed to comply with an obligation which, according to the lessor, the hirer has, and has thereby harmed the lessor's interests.

1. 10.1

   The hirer must return the item before the end of the rental period stated in the agreement, taking into account the lessor's opening hours. To avoid any misunderstanding, the hirer must report exclusively to the lessor.

2. 10.2

   If the hirer fails to comply with the obligation to return the item, the hirer owes, up to the day of return, a fee per 24 hours of 150% of the daily rental rate for the item concerned, without prejudice to the lessor's right to claim damages and/or to have the item retrieved.

3. 10.3

   The hirer is liable for all cleaning and repair costs incurred by the lessor if the rented item is returned to the lessor in poor condition.

1. 11.1

   If the item has not been returned within the rental period referred to in article 11, or if the item, upon receipt, is not in good working order and/or has been damaged, the resulting damage, costs and interest incurred by the lessor must be compensated by the hirer to the lessor, without prejudice to the provisions of article 7.

2. 11.2

   If the hirer has taken out a damage waiver arrangement through the lessor, in the event of damage to the game materials the hirer must act in accordance with the provisions set out in article 9.2.

1. 12.1

   Except for the lessor's responsibility under mandatory statutory provisions and generally applicable standards of reasonableness and fairness, the lessor is not liable for any costs, damage and interest that may arise as a direct or indirect result of:

2. 12.2

   A non-attributable failure to perform, as further described in these terms.

3. 12.3

   Acts or omissions of the hirer, its subordinates or other persons employed by or on behalf of the hirer.

4. 12.4

   Errors and/or defects in (a) game(s) designed by the lessor that were not identified by the hirer when approving the relevant design(s).

5. 12.5

   The lessor's liability never extends beyond that of its suppliers.

6. 12.6

   The lessor is not liable for delay of, or damage to, items supplied by the lessor during transport not arranged by the lessor.

7. 12.7

   The lessor is not liable for incompetent or incorrect installation by third parties of items rented out by the lessor.

8. 12.8

   The lessor accepts no liability for damage of any kind resulting from the incorrect and/or incompetent processing and/or use of items rented out by the lessor, unless this is due to the lessor's intent or gross negligence.

9. 12.9

   Participation in the activity is entirely at your own risk. The hirer and any third party are personally liable for all damage caused to themselves or to third parties. The lessor can never be held liable for physical or mental injury.

10. 12.10

    The lessor guarantees only that, subject to the foregoing provisions of these general terms, the rented items meet the relevant specifications and descriptions in the catalogues and in the order confirmation. The lessor is not liable for the accuracy of data and drawings, or for the suitability of materials provided by the hirer.

11. 12.11

    The lessor is not liable for advice given by the lessor, whether or not at the hirer's request. Such advice is entirely without obligation and can never give rise to any liability on the part of the lessor on any grounds whatsoever; the decision to rent certain items following advice given by the lessor is the hirer's own, for which the hirer alone bears responsibility.

1. 13.1

   A non-attributable failure means: a failure that is not due to the fault of the lessor and for which the lessor is not accountable by law, by juristic act or according to generally accepted views. Causes of non-attributable failures include strikes, excessive sickness absence among the lessor's staff, transport difficulties, extreme weather conditions, fire, terrorism risk, government measures, including in any event import and export bans, quotas and business disruptions at the lessor or its suppliers, as well as non-performance by its suppliers as a result of which the lessor is unable (or no longer able) to fulfil its obligations towards the hirer.

2. 13.2

   If, in the lessor's judgement, the cause of the non-attributable failure will be temporary, the lessor has the right to suspend performance of the agreement until the circumstance constituting the failure to perform no longer exists.

3. 13.3

   If the situation of non-attributable failure to perform is permanent, the parties may make arrangements regarding the dissolution of the agreement and the associated consequences.

4. 13.4

   The lessor is entitled to claim payment for the performance delivered in the execution of the agreement concerned before a situation as referred to in this article became apparent.

5. 13.5

   The lessor also has the right to invoke a non-attributable failure to perform if the circumstance constituting the failure to perform arises after the lessor should have made the performance available.

1. 14.1

   All amounts stated are exclusive of 21% VAT.

2. 14.2

   You must pay the full amount in advance or immediately after the end of the rental period, in cash or by debit card.

3. 14.3

   The rented materials must be returned clean and complete.

4. 14.4

   Cleaning and/or repair costs will be charged to you at €35.00 per hour.

5. 14.5

   In the event of cancellation, 50% or 100% of the rental price will be charged. See art. 3.2 and 18.2 of the General Rental Terms.

1. 15.1

   The assessment costs incurred by the lessor in determining the damage and the repair and cleaning costs of the rented item are borne in full by the hirer, unless the damage was caused by the intent or gross negligence of the lessor.

2. 15.2

   For damage below €225.00, the assessment is carried out by the lessor. In the event of a dispute about the aforementioned assessment, or for damage above €225.00, a loss adjusting firm will be appointed by mutual agreement.

1. 16.1

   If the hirer fails to fulfil one or more of its obligations, if the hirer dies, is declared bankrupt, applies for a suspension of payments, proceeds to liquidate its business, or if all or part of its assets are seized, the lessor has the right to consider the agreement, or the part not yet performed, dissolved, without any judicial intervention being required, without prejudice to its right to compensation for costs, damage and interest.

2. 16.2

   In the cases referred to in paragraph 1, the lessor is entitled at any time, without any notice of default or prior announcement, to retrieve the item from the hirer. The hirer undertakes in advance to give the lessor all cooperation the lessor requires in that regard.

3. 16.3

   The costs of transport, travel, accommodation, meals and the like incurred by the lessor in exercising the right described above are borne by the hirer.

4. 16.4

   If the hirer fails to fulfil any of its obligations, the hirer is in default by the mere expiry of any agreed term.

5. 16.5

   Without prejudice to the above, the hirer owes the lessor all costs incurred by the lessor in collecting the amounts owed to the lessor and in securing its rights, including both judicial and extrajudicial costs.

6. 16.6

   These judicial and extrajudicial costs also include the costs of collection agencies and the settlement costs of lawyers, bailiffs, loss adjusters and the like. The parties set the extrajudicial collection costs at 15% of the principal sum, subject to a minimum of €114.00.

Apart from the situation(s) referred to in article 13, cancelling or changing the rental period or time is only possible under the following conditions:

1. 17.1

   If the lessor needs the items for use for mass communication purposes, the lessor has the right to cancel the agreement. A new date for the rental may be agreed by mutual consent. Special circumstances aside, the hirer is not entitled to compensation.

2. 17.2

   The rental agreement can only be cancelled in writing. The hirer may cancel the agreement within the last 24 hours, but in that case the hirer will owe the full 100% of the rental price.

1. 18.1

   All disputes relating to this agreement and its performance will be settled exclusively by the District Court of Utrecht (Arrondissementsrechtbank Utrecht), unless, under the rules of subject-matter jurisdiction, they must be heard by the subdistrict court (kantonrechter).