General terms and conditions Bright Hospitality
E-mail: Website: www.catandowl.nl
Article 1 – Definitions1. Bright Hospitality: Bright Hospitality, established in Groenlo, Chamber of Commerce number 89306708.2. Customer: the person with whom Bright Hospitality has entered into an agreement.3. Parties: Bright Hospitality and Customer together.4. Consumer: a Customer who is also an individual and who acts as a private person.
Article 2 – Applicability1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Bright Hospitality.2. Bright Hospitality and the Customer can only deviate from these conditions if this has been agreed in writing.3. Bright Hospitality and the Customer expressly exclude the applicability of the General Terms and Conditions of the Customer or of others.
Article 3 – Offers and quotations1. Offers and quotations from Bright Hospitality are without obligation, unless explicitly stated otherwise.2. An offer or quotation is valid for a maximum of 1 month, unless there is a different term in the offer or quotation.3. If the Customer does not accept an offer or quotation within the applicable period, the offer or quotation will lapse.4. Offers and quotations do not apply to repeat orders, unless Bright Hospitality and the Customer agree in writing.
Article 4 – Acceptance1. Upon acceptance of a non-binding offer or offer, Bright Hospitality may withdraw the quotation or offer within 3 days of receipt of the acceptance, without the Customer being able to derive any rights from this.2. Verbal acceptance by the Customer only binds Bright Hospitality after the Customer has confirmed this in writing or electronically.
Article 5 – Prices1. Bright Hospitality uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.2. Bright Hospitality may always change the prices of its services and products on its website and in other communications.3. Bright Hospitality and the Customer agree on a total amount as a target price for a service, unless otherwise agreed in writing.4. Bright Hospitality may deviate up to 10% from the target price.5. Bright Hospitality must inform the Customer in time why a higher price is justified, if the target price is more than 10% higher.
6. The Customer may cancel the part of the assignment that exceeds the target price (plus 10%) if the target price is more than 10% higher.7. Bright Hospitality may adjust the prices annually.8. Bright Hospitality will communicate price adjustments to the Customer prior to their commencement.9. A consumer may terminate the agreement with Bright Hospitality if he does not agree with the price increase.
Article 6 – Payments and payment terms1. Bright Hospitality may require a deposit of up to 50% of the agreed amount when entering into the agreement.2. The Customer must have made a subsequent payment within 14 days of delivery.3. The payment terms used by Bright Hospitality are strict payment terms. This means that if the Customer has not paid the agreed amount no later than the last day of the payment term, he is automatically in default and in default, without Bright Hospitality having to send a reminder or give notice of default to the Customer.4. Bright Hospitality may make a delivery subject to immediate payment or require a security for the total amount of the services or products.
Article 7 – Consequences of late payment1. If the Customer does not pay within the agreed period, Bright Hospitality may charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the Customer is in default, whereby part of a month is charged for a whole month.2. If the Customer is in default, he must also pay extrajudicial collection costs and any compensation to Bright Hospitality.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, Bright Hospitality may suspend its obligations until the Customer has paid.5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the Customer, Bright Hospitality’s claims against the Customer are immediately due and payable.6. If the Customer refuses to cooperate with the execution of the agreement by Bright Hospitality, he must still pay the agreed price.
Article 9 – Right of withdrawal1. A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply when:
• the accommodation, a trip, a restaurant business, transport, a catering order or a form of leisure activity concerns • it concerns an urgent repair • it concerns bets and / or lotteries • the consumer has waived his right of withdrawal • it concerns a service that is fully performed with the consent of the Customer within the cooling-off period and where the Customer has expressly declared that he has waived his right of withdrawal see2. The 14-day cooling-off period in paragraph 1 starts:• as soon as the consumer has concluded a contract for the provision of a service•
as soon as the consumer has confirmed that he is going to purchase digital content via the internet3. The consumer can make use of his cooling-off period by sending an email with that subject to , possibly using the withdrawal form available on the website of Bright Hospitality, www.catandowl.nl.
Article 10 – Right of suspension1. Unless the Customer is a consumer, he hereby waives the right to suspend the performance of any obligation arising from this agreement.
Article 11 – Set-off1. Unless the Customer is a consumer, he waives his right to set off a debt to Bright Hospitality against a claim against Bright Hospitality.
Article 12 – Insurance1. The Customer must adequately insure and keep insured the following items against, among other things, fire, explosion and water damage, and theft:•
delivered goods that are necessary for the execution of the underlying agreement • goods of Bright Hospitality that are present at the Customer • items that have been delivered under retention of title2. At the first request of Bright Hospitality, the Customer provides the policy of these insurances for inspection.
Article 13 – Warranty1. When the Customer and Bright Hospitality have entered into an agreement with a service character, this only contains an obligation of best efforts for Bright Hospitality and therefore no obligation to achieve results. Article 14 – Execution of the agreement1. Bright Hospitality executes the agreement to the best of its knowledge and ability and according to the requirements of good craftsmanship.2. Bright Hospitality may have all or part of the agreed services performed by others.3. The execution of the agreement takes place in consultation and after a written agreement and payment of any advance by the Customer.4. The Customer must ensure that Bright Hospitality can start the execution of the agreement on time.5. If the Customer does not ensure that Bright Hospitality can start on time, the resulting additional costs will be borne by the Customer.
Article 15 – Provision of information by the Customer1. The Customer shall make all information, data and documents relevant to the correct execution of the agreement available to Bright Hospitality in a timely manner and in the desired form and manner.2. The Customer guarantees the accuracy and completeness of the information, data and documents made available, even if they come from third parties, insofar as the nature of the agreement does not result otherwise.3. When and insofar as the Customer so requests, Bright Hospitality will return the relevant documents.4. If the Customer does not make the information, data or documents reasonably required by Bright Hospitality available, not on time or properly, and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours will be borne by the Customer.
Article 16 – Indemnification1. The Customer indemnifies Bright Hospitality against all claims of others related to the products and/or services provided by Bright Hospitality.
Article 17 – Complaints1. The Customer must investigate a product or service provided by Bright Hospitality as soon as possible for any shortcomings.2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform Bright Hospitality within 1 month after determining the shortcoming.3. A consumer must inform Bright Hospitality of this no later than 2 months after determining the shortcoming.4. The Customer provides as detailed a description as possible of the shortcoming, so that Bright Hospitality can respond appropriately.5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and Bright Hospitality.6. If a complaint concerns ongoing work, the Customer cannot demand that Bright Hospitality perform other activities than agreed.
Article 18 – Notice of default1. The Customer must notify Bright Hospitality in writing of any notice of default.2. The Customer is responsible for ensuring that his notice of default actually reaches Bright Hospitality on time.
Article 19 – Customer liability1. When Bright Hospitality enters into an agreement with several Customers, each of them is jointly and severally liable for fulfilling the agreements in that agreement.
Article 20 – Liability Bright Hospitality
1. Bright Hospitality is only liable for damage suffered by the Customer if such damage is caused by intent or deliberate recklessness.2. If Bright Hospitality is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.3. Bright Hospitality is not liable for indirect damage, such as consequential damage, loss of profit or damage to third parties.4. When Bright Hospitality is liable, this liability is limited to the amount paid out by a (professional) liability insurance. If no insurance is taken out or no damage amount is paid, the liability is limited to the (part of the) invoice amount to which the liability relates.5. All images, photographs, colours, drawings, descriptions on the website or in a catalogue are indicative only and cannot lead to any compensation, dissolution or suspension.
Article 21 – Expiry period1. Any right of the Customer to compensation from Bright Hospitality expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Article 22 – Dissolution1. The Customer may cancel the agreement if Bright Hospitality imputably fails to fulfil its obligations, unless this shortcoming does not justify the dissolution due to its special nature or minor significance.2. If the fulfilment of the obligations by Bright Hospitality is still possible, dissolution can only take place after Bright Hospitality is in default.3. Bright Hospitality may cancel the agreement with the Customer if the Customer does not fully or timely fulfill its obligations under the agreement, or if Bright Hospitality has become aware of circumstances that give it good reason to believe that the Customer will not fulfill its obligations.
Article 23 – Force majeure1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of Bright Hospitality cannot be attributed to Bright Hospitality by the Customer in the event of force majeure.2. The force majeure situation in paragraph 1 also includes: – a state of emergency such as a civil war or natural disaster – non-performance or force majeure of suppliers, delivery drivers or others – power, electricity, internet, computer or telecom failures – computer viruses – strikes – government measures – transport problems – bad weather conditions – work stoppages3. If a force majeure situation occurs as a result of which Bright Hospitality cannot fulfil 1 or more obligations towards the Customer, those obligations will be suspended until Bright Hospitality can fulfil.4. From the moment that a force majeure situation has lasted at least 30 calendar days, both the Customer and Bright Hospitality may cancel the agreement in writing in whole or in part.5. Bright Hospitality does not have to pay compensation to the Customer in a force majeure situation, even if Bright Hospitality benefits from this.
Article 24 – Amendment of agreement1. If it is necessary to change a concluded agreement for its execution, the Customer and Bright Hospitality can adjust the agreement.
Article 25 – Modification of general terms and conditions1. Bright Hospitality may change these general terms and conditions.2. Bright Hospitality may always implement minor changes.3. Bright Hospitality will discuss major changes with the Customer as much as possible in advance.4. A consumer may terminate the underlying agreement in the event of a substantial change to the general terms and conditions.
Article 26 – Transfer of rights1. The Customer cannot transfer any rights from an agreement with Bright Hospitality to others without written permission from Bright Hospitality.2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.
Article 27 – Consequences of nullity or voidability1. If 1 or more provisions of these general terms and conditions prove to be null and 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 Bright Hospitality had in mind when drawing up the conditions on that point.
Article 28 – Applicable law and competent court1. These general terms and conditions and any underlying agreement between the Customer and Bright Hospitality are governed by Dutch law.2. The court in the district of Bright Hospitality’s place of business is exclusively competent to hear any disputes between the Customer and Bright Hospitality, unless the law provides otherwise.
Prepared on 01 September 2023.