Dutch Drone Media – Terms and Conditions
Definitions
1. Customer: the person with whom Dutch Drone Media has entered into an agreement.
2. Parties: Dutch Drone Media and customer together.
3. Consumer: a customer who is also an individual and who acts as a private person.
APPLICABILITY OF GENERAL TERMS AND CONDITIONS
1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Dutch Drone Media.
2. The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
3. The parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
OFFERS AND QUOTATIONS
1. Offers and quotations from Dutch Drone Media are without obligation, unless expressly stated otherwise.
2. An offer or quotation is valid for a maximum of 2 months, unless a different acceptance period is stated in the offer or quotation.
3. If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
4. Offers and quotations do not apply to repeating orders, unless the parties have explicitly agreed on this in writing.
ACCEPTANCE
1. Upon acceptance of a quotation or offer without obligation, Dutch Drone Media reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without the customer being able to derive any rights from this.
2. Verbal acceptance by the customer only binds Dutch Drone Media after the customer has confirmed this in writing or electronically. From that moment on, the person who carries out the confirmation is regarded as authorized to sign. Even if the customer indicates after acceptance that another person should have given the confirmation.
RATES
1. All rates that Dutch Drone Media uses are in euros, are excluding VAT and excluding any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
2. All rates applied by Dutch Drone Media for its products or services, on its website or otherwise made known, Dutch Drone Media can change at any time.
3. The rate with regard to a service is determined by Dutch Drone Media on the basis of the hours actually spent.
4. The rate is calculated according to the usual hourly rates of Dutch Drone Media, valid for the period in which it performs the work, unless a different hourly rate has been agreed.
5. If the parties have agreed on a total amount for a service by Dutch Drone Media, this is always a target price, unless the parties have explicitly agreed on a fixed price in writing, which cannot be deviated from.
6. Dutch Drone Media is entitled to deviate up to 10% from the target price.
7. If the target price is more than 10% higher, Dutch Drone Media must inform the customer in good time why a higher price is justified.
8. If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price increased by 10%.
9. Dutch Drone Media has the right to adjust the rates once a month.
10. Dutch Drone Media will communicate the rate change to the customer prior to its entry into force.
11. The consumer has the right to cancel the agreement with Dutch Drone Media if he does not agree with the rate change.
CONSEQUENCES OF NOT PAYING ON TIME
1. If the customer does not pay within the agreed term, Dutch Drone Media is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month .
2. When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to Dutch Drone Media.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Dutch Drone Media may suspend its obligations until the customer has fulfilled his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Dutch Drone Media on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the implementation of the agreement by Dutch Drone Media, he is still obliged to pay the agreed price to Dutch Drone Media.
INSURANCE
1. The customer undertakes to insure the following items sufficiently and to keep them insured against, among other things, fire, explosion and water damage as well as theft:
*delivered goods that are necessary for the implementation of the underlying agreement
*items of Dutch Drone Media that are present at the customer
*goods that have been delivered under retention of title
2. The customer will provide the policy of these insurance policies for inspection at the request of Dutch Drone Media.
3. Dutch Drone Media is insured for general liability (WA).
DISCLAIMER
The customer indemnifies Dutch Drone Media against all third-party claims related to the products and/or services supplied by Dutch Drone Media.
COMPLAINTS
1. The customer must examine a product or service provided by Dutch Drone Media as soon as possible for any shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Dutch Drone Media of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform Dutch Drone Media of this within 2 months after the discovery of the shortcomings.
4. The customer provides a detailed description of the shortcoming, so that Dutch Drone Media is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Dutch Drone Media being forced to perform other work than has been agreed.
NOTICE OF DEFAULT
1. The customer must notify Dutch Drone Media of any notice of default in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Dutch Drone Media (in time).
CUSTOMER JOINT AND SEVERAL LIABILITY
If Dutch Drone Media enters into an agreement with several customers, each of them will be jointly and severally liable for the full amounts they owe to Dutch Drone Media under that agreement.
LIABILITY DUTCH DRONE MEDIA
Dutch Drone Media is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
If Dutch Drone Media is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
Dutch Drone Media is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
If Dutch Drone Media is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to (part of the ) invoice amount to which the liability relates.
Dutch Drone Media cannot be held liable for;
Personal injury caused by the use of special effects / FX including co2, confetti, streamers, flames and fireworks.
Personal injury caused by a person changing the flight direction of the drone against the input of the pilot. Think of hitting away the drone, grabbing the drone from the air, etc. or throwing objects at the drone.
Injuries caused to persons involved in the drone operation.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
CHANGE OF THE AGREEMENT
If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
FORCE MAJEUR
1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a shortcoming of Dutch Drone Media in the fulfillment of any obligation towards the customer cannot be attributed to Dutch Drone Media in any of the will of Dutch Drone Media independent situation, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Dutch Drone Media.
2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power and/or electricity outages, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages, not being allowed to operate in closed airspace.
3. If a force majeure arises as a result of which Dutch Drone Media cannot fulfill one or more obligations towards the customer, those obligations will be suspended until Dutch Drone Media can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
5. Dutch Drone Media does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.
CANCELLATION
In the event of cancellation by the customer after accepting the product or service, Dutch Drone Media can charge the customer the following costs.
1. In the event of cancellation due to force majeure, only the work already performed by Dutch Drone Media will be charged to the customer for 50%. The exception is paragraph 2, which will be charged in full.
2. In the unlikely event of Air Traffic Control cancelling a pre-confirmed flight Dutch Drone Media reserves the right to charge 100% of the already made expenses to the client as flight planning. Cancellation of the acceptance where a flight plan has already been produced, regardless of force majeure, will be charged 100% to the customer.
3. In case of cancellation of the acceptance by the customer 24 hours before the start of the operation, 50% of the total amount will be charged to the customer.
4. In case of cancellation of the acceptance by the customer 48 hours before the start of the operation, 25% of the total amount will be charged to the customer.
CHANGE OF GENERAL TERMS AND CONDITIONS
1. Dutch Drone Media is entitled to change or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major substantive changes will be discussed by Dutch Drone Media with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
OWNERSHIP OF COPYRIGHT
1. Ownership of Copyright: Dutch Drone Media shall retain all copyright and ownership rights to any films or other audiovisual works created by Dutch Drone Media during the term of this agreement. The customer acknowledges that Dutch Drone Media is the sole owner of all intellectual property rights in and to the films produced by Dutch Drone Media.
2. License Grant: Dutch Drone Media grants the customer a non-exclusive license to use the films produced by Dutch Drone Media solely for the purposes specified in the agreement. The license shall be limited to the territory and time period agreed upon by the parties.
TRANSFER OF RIGHTS
1. Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of Dutch Drone Media.
2. This provision applies as a clause with property law effect as referred to in Section 3:83(2) of the Civil Code.
CONSEQUENCES NULLITY OR VOIDABILITY
1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Dutch Drone Media had in mind when drawing up the conditions on that point.
APPLICABLE LAW AND COMPETENT COURT
1. Dutch law applies exclusively to every agreement between the parties.
2. The Dutch court in the district where Dutch Drone Media is established / has a practice / has its office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.
This agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements between the parties, whether oral or written.
Terms and Conditions – Dutch Drone Media