The general terms and conditions below apply to all offers, hire agreements and their performance by ’t Bockje. These terms and conditions have been filed with the Chamber of Commerce.

1. These terms and conditions apply to all offers and hire agreements, as well as to their performance by ‘t Bockje, made to and/or entered into
   with third parties, hereinafter referred to as “hirer”.
2. These terms and conditions apply to the exclusion of any general terms and/or conditions used by the hirer.
3. Deviating terms and/or conditions apply only if and insofar as this has been expressly agreed in writing. The hirer cannot derive any rights from this in other
   agreements.

Article 2 – Obligations of the hirer

1. The hirer must check party goods & tents on receipt. If shortages, defects or other complaints are found, the hirer must contact the lessor immediately. Use of the goods cancels the right to complain afterwards.
2. The hirer is liable for loss of and/or damage to the hired goods throughout the entire hire period.
3. During the hire period, the hirer shall keep the hired goods with the care of a good hirer and use them in accordance with their intended purpose.
4. The hirer is not permitted to sublet, re-let or otherwise make available for use the hired goods to another party without the prior written consent of ‘t Bockje.
5. The hirer is not entitled to make changes in or to the hired items.

Article 3 – Party goods

1. Once ‘t Bockje has received the hired goods back, these goods will be checked and – where possible – counted in the presence of the hirer. The count by ‘t Bockje is binding.
2. During the hire period, and for as long as the goods are in their possession, the hirer is liable for loss of, damage to, breakage of and any deterioration in the quality of the goods, from whatever cause. In such cases the hire price remains payable; in addition, the replacement value of lost and damaged goods will be charged to the hirer.
3. It is possible to return the party goods dirty. The cost of washing up amounts to 50 % of the hire price.
4. The hirer must dry fabric goods, such as linen and parasols that have become wet during use, before packing them, to prevent damp stains.
5. Tables, chairs, sanitary facilities, coffee and tea equipment and kitchen materials must be returned clean.
6. Unless agreed otherwise in writing, assembly and dismantling are carried out exclusively by or on behalf of the hirer. The costs associated with assembly and dismantling will be charged separately to the other party and therefore do not form part of the actual cost price of the hired items.

Article 4 – Tents

1. The hirer is obliged to inform ‘t Bockje in writing of the route of all utility lines in the grounds and access roads where the tent is to be erected. If the hirer fails to do so and it subsequently appears that damage has occurred to utility lines, etc., the hirer is fully liable for the damage and indemnifies ‘t Bockje against any claims by third parties.
2. If, according to the local municipal authority, a permit is required for the placement of the hired items, the hirer shall ensure that such a permit is in place at the time assembly of the hired items commences. The costs arising from the permit application shall be borne entirely by the hirer.
3. The hirer is not permitted to use open fire, such as a barbecue or similar, in the tent. Heat sources, such as hot-air heaters, radiant heaters and lighting, must be positioned or hung in such a way that no damage is caused to the tent canvas.
4. Decorations hung in the tent, such as crêpe paper and paper bunting, must be hung in such a way that in the event of precipitation, condensation, moisture, etc., the dye does not cause stains on the tent canvas.
5. In bad weather conditions, the tent(s) must be kept closed as much as possible and all poles must be kept in the canvas.
6. Except with the written consent of ‘t Bockje, the hirer is prohibited from moving a tent. Damage caused by moving the tent shall be borne by the hirer.
7. If, when the tents are being erected, it appears that in the opinion of ‘t Bockje the tents and floors cannot be erected or laid there, the hire price remains payable by the hirer. ‘t Bockje cannot be held liable for any consequential damage resulting from the tent not being able to be erected or the floors not being able to be laid.
8. ‘t Bockje is not liable for damage caused by the hirer's helpers while assisting with the (dis)assembly of the tents and the wooden floors.
9. Sticking anything on or painting the tent canvas and the structure, as well as hanging material using staples and adhesive tape, is not permitted.
10. From 09.00 in the morning, the site must be clear of materials such as garden furniture, planters, cars, etc., so that set-up can start straight away.
11. The tent must be handed back empty on the agreed day and at the agreed time.

Article 5 – Damage and compensation

1. The hired items remain the property of ‘t Bockje at all times.
2. The hirer is liable for loss, theft, damage, breakage or the hired goods becoming unusable in any way, and shall compensate for the hired goods at their new value. If damage to tents is established, the compensation will be based by ‘t Bockje on the value in use of the tent. This valuation by/on behalf of ‘t Bockje is binding on the hirer.
3. In the event of loss, theft, damage, breakage, etc., the hirer must notify ‘t Bockje immediately.
4. If lost goods or parts thereof are found by the hirer, the hirer must still return them to ‘t Bockje within 14 days after the date on which the goods should have been returned in accordance with the agreement. Any compensation already paid by the hirer will be refunded by ‘t Bockje to the hirer if the recovered goods are still in the same condition as at the start of the hire period. ‘t Bockje owes the hirer no interest on this.
5. The hirer is advised to take out their own insurance against the risks of storm, theft, vandalism, fire, lightning strike, etc.
6. The costs of expert assessment to establish damage, and repair and cleaning costs, shall be borne by the hirer. The hirer is at all times bound by the findings of ‘t Bockje or by the findings of the expert engaged by ‘t Bockje. If ‘t Bockje estimates the damage at below € 500,-, the assessment will be carried out by ‘t Bockje itself.

Article 6 – Terms of payment

1. Unless agreed otherwise in writing, payment must be made without discount or set-off, in cash or to an account number specified by ‘t Bockje and in a currency specified by ‘t Bockje, within 21 days of the invoice date. The costs of transfer to the account number specified by ‘t Bockje shall be borne by the hirer. For an order amount of less than € 50,– excl. VAT, € 10,– administration costs will be charged for payment on account.
2. All costs relating to collection, including among other things extrajudicial collection costs and pre-litigation costs, shall be borne by the hirer. The extrajudicial collection costs are calculated in accordance with the collection rate of the Nederlandse Orde van Advocaten.

Article 7 – Weather conditions

1. ‘t Bockje reserves the right, in bad weather conditions and solely at the discretion of ‘t Bockje, to cancel the hire agreement relating to the tents without this entitling the hirer to claim damages or any other compensation.

Article 8 – Non-attributable failure

1. If ‘t Bockje is prevented from fulfilling the agreement due to a non-attributable failure, ‘t Bockje is entitled to suspend performance of the agreement and can consequently no longer be held to the stated delivery time. The hirer cannot on that account assert any right to any agreed penalty, nor to compensation for costs, damage, including consequential damage, or interest.
2. The following shall, among other things, be deemed a non-attributable failure: war, threat of war, mobilisation, riot, state of siege, strike or lockout, fire, bad weather conditions, accident and illness of staff, operational breakdown, stagnation in transport, import/export restrictions or other government restrictions, as well as any impeding circumstance that does not depend solely on the will of ‘t Bockje, such as the non-delivery or late delivery of goods or services by third parties engaged by ‘t Bockje.

Article 9 – Liability

1. ‘t Bockje is not liable for any damage whatsoever, direct and/or consequential, including damage to persons, property or land of third parties, arising from any cause whatsoever, except in the event of gross negligence or wilful intent on its part.
2. Likewise, ‘t Bockje is not liable in the sense referred to above for acts of its employees or other persons who fall within its sphere of risk, including (gross) negligence or wilful intent of these persons.
3. If ‘t Bockje, on the basis of the facts and/or circumstances known to it at that time, proceeds to exercise a right of suspension or a right of termination, while it is subsequently irrevocably established that the exercise of such a right was unjustified, ‘t Bockje is not liable and is not obliged to pay any compensation for damage.
4. In those cases in which ‘t Bockje is liable, liability is limited to the hire price of the goods, irrespective of any cover by the insurer(s).
5. The hirer indemnifies ‘t Bockje against any claim for damages by third parties, regardless of the cause.

Article 10 – Disputes

1. All agreements concluded by ‘t Bockje are governed exclusively by Dutch law.
2. If ‘t Bockje is involved in legal proceedings and it subsequently transpires that this was wholly or largely unjustified, the hirer owes ‘t Bockje the costs of extrajudicial defence up to the date of the summons.