General Terms and Conditions (eng)

We advise you to carefully read these General Terms and Conditions so that you are aware of your rights and obligations under the Agreement between you and us. In these General Terms and Conditions, you are referred to as the Client. For convenience, we use the male form, but where "he" is mentioned, it naturally includes "she" and "they" as well.

Article 1. Definitions In these General Terms and Conditions, the following terms indicated in capital letters have the following meanings:

Hub of Hospitality, located and having its office at (1064 BN) Amsterdam, Burgemeeter Roëllstraat 22-3

General Terms and Conditions: these general terms and conditions of Hub of Hospitality;

Service: the service provided by Hub of Hospitality;

Intellectual Property Rights: all intellectual property rights such as copyrights, trademark rights, patent rights, trade name rights, database rights, neighboring rights, as well as related rights such as rights regarding know-how and domain names;

Client: you, the client, and the counterparty of Hub of Hospitality under the Agreement;

Agreement: the agreement for assignment between Hub of Hospitality and the Client, including the specifications of the Services;

Party(ies): Hub of Hospitality and/or the Client.

Article 2. Applicability

  1. These General Terms and Conditions apply to every Agreement between Hub of Hospitality and the Client. Any general terms and conditions of the Client are expressly rejected.

  2. Deviations from and additions to the Agreement are only valid if agreed upon in writing by the Parties.

  3. If the Contractor engages other parties to provide the Services, these General Terms and Conditions also apply to the execution of the Services by these other parties.

  4. Hub of Hospitality is entitled to amend these General Terms and Conditions. Substantive changes take effect one (1) month after publication. Changes to the General Terms and Conditions have no effect on an existing Agreement. ‍

Article 3. Conclusion of the Agreement

  1. Offers and proposals from Hub of Hospitality are non-binding, unless a validity period is stated in the offer. If no term of acceptance is stated, the offer always expires after one month. 2. If the Client issues an assignment to Hub of Hospitality without a prior offer, Hub of Hospitality is only bound by this assignment after confirming it in writing to the Client.

  2. A quotation for the delivery of multiple Services does not oblige Hub of Hospitality to deliver a part of the Services in this quotation for a corresponding part of the price. 4. Offers, quotations, price quotes, and rates do not automatically apply to subsequent orders and/or new assignments. ‍

Article 4. The Service

  1. Hub of Hospitality always performs its Services on a best efforts basis, and it does not provide a guarantee regarding the results of its services, unless explicitly agreed otherwise in writing by the Parties.

  2. Hub of Hospitality will carry out the Agreement to the best of its insight and ability and in accordance with the requirements placed on a professional party. If and insofar as a proper execution of the Agreement requires it, Hub of Hospitality has the right to have certain activities carried out by third parties, at the discretion of Hub of Hospitality. The applicability of Article 7:404, 7:407, and 7:409 of the Dutch Civil Code is expressly excluded.

  3. Only when explicitly stipulated in writing in the Agreement does an agreed-upon deadline apply as a firm deadline. In all other cases, an agreed-upon deadline is indicative.

  4. Hub of Hospitality is entitled to carry out the activities in parts or phases, with each part or phase being invoiced separately. ‍

Article 5. Obligations

Client: The Client undertakes to provide Hub of Hospitality with all necessary data and cooperation needed to perform the Services. Hub of Hospitality may suspend the work as long as the Client does not meet the obligation in this provision. Hub of Hospitality is never liable for any damage and/or delay that arises from non-compliance, untimely compliance, or defective compliance with the information and cooperation obligation specified in this article. ‍

Article 6. Termination of the Agreement

  1. The duration of the Agreement is determined in the Agreement itself.

  2. Hub of Hospitality is allowed to terminate an Agreement in writing at any time with a notice period of one month. Hub of Hospitality is not obliged to any form of compensation or financial compensation as a result of (interim) termination.

  3. Contrary to Article 7:408 of the Dutch Civil Code, the Client may not terminate the Agreement prematurely.

  4. Each of the Parties has the right to terminate the Agreement in whole or in part with immediate effect if the other Party goes bankrupt or is granted a suspension of payment, as well as if the other Party's business is terminated or undergoes liquidation. 5. If the Agreement is dissolved at any time and Services have already been performed at that time, the Services already performed and the associated payment obligation of the Client will not be the subject of any undoing obligation unless the Client can prove that Hub of Hospitality is in default with respect to those specific Services. Amounts invoiced by Hub of Hospitality prior to the dissolution for the services properly performed or delivered by her under the Agreement remain fully due and payable and are immediately due and payable upon dissolution.

  5. The Client is liable to third parties for the consequences of the cancellation and will indemnify Hub of Hospitality against any claims from these third parties. ‍

Article 7. Compensation and Payment

  1. All amounts mentioned in an offer, quotation, or Agreement are in Euros and are stated excluding VAT and any other government-imposed levies unless otherwise stated.

  2. The Client must pay the invoice within one month of the invoice date. This payment term is considered a firm term, and the Client is therefore in default without further notice if not paid on time.

  3. If the Client believes that the amount of the invoice is incorrect or that there is any other irregularity in the invoice, the Client must immediately notify Hub of Hospitality, providing convincing evidence of its position. Disputing (part of) an invoice does not suspend the payment obligation of the Client with regard to (the undisputed part of) an invoice.

  4. Hub of Hospitality is entitled to adjust its rates at any time. Hub of Hospitality will inform the Client of a rate change at least 2 (two) months prior to the change. If Hub of Hospitality has announced a rate change, the Client may terminate the Agreement until the moment the rate change takes effect. The Client must observe a notice period of one month.

  5. Hub of Hospitality is entitled to annually increase its rates in accordance with the Consumer Price Index, as published by the Central Bureau of Statistics, without this entitling the Client to terminate or otherwise terminate the Agreement. ‍

Article 8. Intellectual Property Rights

  1. All Intellectual Property Rights in documents or materials provided by the Client to Hub of Hospitality in the context of the execution of the Agreement always remain with the Client. The Client grants Hub of Hospitality a worldwide, non-exclusive, and sublicensable license to use the provided materials for the execution of the Agreement.

  2. The Intellectual Property Rights vested in Hub of Hospitality at the time of entering into the Agreement remain with Hub of Hospitality. If and to the extent that Intellectual Property Rights arise in the result of the Services during the execution of the Agreement, these Intellectual Property Rights will belong to Hub of Hospitality.

  3. Provided that the Client has fulfilled all its (payment) obligations under the Agreement, the Client obtains a limited, non-transferable, non-exclusive license to use the Intellectual Property Rights in the result of the Services. ‍

Article 9. Liability

  1. The liability of Hub of Hospitality is limited to compensation for direct damage regardless of the reason for liability.

  2. Direct damage is only understood to mean:

a. Property damage, exclusively in the sense of Section 3 Title 3 of Book 6 of the Dutch Civil Code; b. Reasonable costs to prevent property damage, insofar as the Client can demonstrate that these costs have led to a limitation of the direct damage in the sense of the Agreement; c. Reasonable costs incurred by the Client to determine the cause and extent of the damage, insofar as the determination is related to direct damage in the sense of the Agreement; d. Reasonable costs incurred by the Client to make Hub of Hospitality's performance comply with the Agreement.

  1. Hub of Hospitality is not liable for other damage than direct damage, such as loss of profit, loss of turnover, loss of expected savings, and other similar financial losses, as well as loss of goodwill or good name or reputation and all other damage that does not fall under the direct damage mentioned above.

  2. To the extent that Hub of Hospitality is liable, that liability is limited to the maximum amount that the Client has paid under the Agreement.

  3. The right of the Client to claim damages expires in any case one (1) year after the event that caused the damage has occurred. ‍

Article 10. Miscellaneous

  1. The Client is not entitled to transfer his rights and/or obligations arising from the Agreement to a third party without the consent of Hub of Hospitality, unless the Parties have explicitly agreed otherwise in writing.

  2. If any provision of this Agreement is found to be invalid or unenforceable, then the Parties will remain bound by the other provisions. The Parties will then replace the invalid provisions with another provision that is valid and that approximates the intention of the Parties as much as possible through consultation.

  3. Dutch law applies to the Agreement. All disputes arising from the Agreement must be submitted in the first instance to the competent court in the district where Hub of Hospitality is established.