1. Definition of terms
RokinView: MVP Consultancy, with its registered office at Pijnackerstraat 4-1, 1072 JT Amsterdam, Company Registration number 52204162, VAT number NL 131 304 367 B01, also acting under the names RokinView and RokinView Penthouse, with its principal place of business at Rokin 38, 1012 KT Amsterdam; Client: The natural person or legal entity, acting in the course of a profession or business, who requests a quotation or awards an order to RokinView or conclude.es an agreement with RokinView. Accommodation: The location or zone made available by RokinView. Activity: The meeting, event, congress or any other activity for which the Client enters into an agreement. Services: The services to be provided by RokinView for the benefit of catering and parking amongst others. Agreement: The agreement for hiring Accommodation and providing Service concluded between RokinView and the Client.
These General Terms and Conditions apply to any offer or quotation issued by RokinView to the Client, to every order awarded by the Client to RokinView and to every agreement concluded between RokinView and the Client in the framework of zones to be hired from or services to be performed by RokinView.
RokinView is entitled to amend these General Terms and Conditions at any time.
The applicability of General Terms and Conditions used by the Client is rejected explicitly herewith.
3. Quotation, forming an Agreement
A quotation from RokinView is always without obligation. Any dates for a booking included in the quotation are set aside as an option for the Client. Quotations and options always have a validity of five (5) days. After this period, the quotation and the option cease to have any effect. RokinView is entitled to amend or withdraw a quotation at any time, but this may only be done in writing (by post, fax or e-mail).
The Agreement is formed by the written (by post, fax or e-mail) acceptance of the quotation issued by RokinView or by RokinView’s acceptance of the order issued by the Client.
If, during the implementation of an order, the actual circumstances or the Client’s actual requirements appear to deviate from the original assumptions and/or requirements, the parties shall enter into mutual consultation in time in order to amend the Agreement on its relevant points, whereby RokinView reserves the right to amend the prices.
4. Final number of persons
No later than three (3) days prior to the commencement of the Activity, the Client must provide RokinView with the final number of persons for the Activity. Changes within three (3) days before commencement of the Activity that lead to a lower number of persons shall be accepted by RokinView on the understanding that RokinView applies the number of persons that was agreed no later than three (3) days prior to the commencement of the Activity to calculate its invoice.
Changes within three (3) days prior to the commencement of the Activity that lead to a higher number of persons shall be accepted by RokinView subject to sufficient capacity and stocks. The higher number of persons shall be used to calculate the invoice amount.
A change to the number of persons may only be passed on in writing (by post or e-mail).
5. Zones and periods
The Accommodation is rented by zone per period. The rates for the zones and the other services are on the website www.rokinview.nl. A period comprises 4 hours. We distinguish 3 periods:
• The morning: from 08.30 hours to 12.30 hours
• The afternoon: from 13.30 hours to 17.30 hours
• The evening: from 18.30 hours to 22.30 hours
Should the Activity take longer than the reserved periods, you can extend the rental period in consultation with RokinView subject to availability. Depending on the duration of the extension, an extra period rental price is charged pro rata.
6. Client’s obligations
The Client is not permitted to sublet the Accommodation to third parties nor to transfer the rights or obligations from the Agreement to a third party.
During the Activity, the Client is obliged to grant RokinView and persons RokinView has engaged access to the Accommodation.
The Client is obliged to comply with all the municipal requirements and requirements imposed by the Fire Brigade, the Police and/or any other authorities. The Client must also comply with all the instructions from RokinView and/or the aforementioned authorities in the interest of public order and safety. These instructions also include measures for withholding access to the Accommodation or evacuation of the Accommodation.
The Client is obliged to refrain from making changes to the Accommodation and the property in it.
7. Liability and indemnity
RokinView is not liable for direct damage due to attributable shortcomings in fulfilling the Agreement or in any other way, unless it concerns gross negligence or intent on the part of the board of RokinView and except for any mandatory obligations that result from the law.
The liability of RokinView for indirect damage, consequential damage, loss of earnings, loss of savings, damage relating to the use of the Accommodation or Services by the Client is excluded under all circumstances.
In particular, RokinView is not liable for the theft of property of, accidents or damage to the Client and his group members who use the Accommodation or the Services. The Client is liable for the damage to the Accommodation and/or the property in it that is caused by him and/or his group members.
Although RokinView will carry out the order to its best efforts and ability, RokinView is not in any way liable for the results or the content of an Activity.
Insofar as RokinView were to be liable to the Client in any way for damage suffered by the Client, this liability is limited at all times to the amount of the invoice of the Agreement concluded between RokinView and the Client. The Client’s right to claim expires twelve months after the liability of RokinView was known or reasonably should have been known.
The Client indemnifies RokinView against claims by third parties, including the costs of legal assistance, that are connected with and result from the Agreement or from implementing the Agreement.
8. Invoices and payment
Invoices must be paid within fourteen (14) days of the invoice date. If this term is exceeded, RokinView is entitled to charge statutory commercial interest.
Any comments on or complaints about invoices must be made known in writing within ten (10) days of receipt. Any comments or complaints do not suspend the payment obligation.
If RokinView engages third parties to collect the sum payable by the Client to RokinView, all extrajudicial costs shall be charged to the Client, which shall amount to at least 15% of the principal sum.
RokinView reserves the right to cancel the Agreement on the basis of exceptional circumstances. The Client cannot be entitled to compensation of the costs and/or damage that arises due to the cancellation by RokinView.
The Client is entitled to cancel the Agreement free of charge up to four weeks prior to the Activity.
In the event of cancellation less than four weeks but more than one week prior to the Activities, the Client is liable to RokinView for 60% of the quotation sum.
In the event of cancellation less than one week prior to the Activities, the Client is liable to RokinView for 100% of the quotation sum.
Cancellation must be in writing.
In the event of late arrival or early departure there will be no restitution.
Both during and after termination of its services, RokinView undertakes confidentiality in relation of all the information or details RokinView has taken cognisance of in respect of the service, the product or the business of the Client.
RokinView is entitled to use the Client as a reference on its website or in other publicity publications, unless the Client objects in writing.
In the event of differences between the Dutch text of these General Terms and Conditions and the text of the General Terms and Conditions in another language, the Dutch text shall prevail and be binding.
12. Applicable law, competent court
The relations between RokinView and the Client shall be governed by Dutch law.
All disputes shall only be settled by the competent court in Amsterdam.