Whereas:
The present General Terms and Conditions form part of agreements to be concluded with regard to rental activities.
Article 1 The Rented Premises
The rented premises consist exclusively of the space designated as such by the lessor at the conclusion of the rental agreement.
The lessee is not entitled to enter other areas of the building, except for common areas accessible to co-users of the building.
The lessee is not permitted to use the rented premises for any purpose other than that stated by the lessee, to designate this purpose by any other name, or to advertise in a way that deviates from the purpose previously communicated to the lessor.
Article 2 Rental Price and Additional Costs
The agreed rental price, as well as the costs incurred by the lessor in connection with the rental, remain due even if the lessee, for whatever reason, does not make use of the rented premises.
All costs incurred by the lessor for additional facilities outside our standard packages, such as lighting and sound equipment, external hire of materials and unforeseen costs of additional staff for cleaning and set-up and/or dismantling, shall be borne by the lessee. These costs will be provided to the lessee in advance as much as possible; however, the lessee shall in any case comply with the bona fide statement of the lessor afterwards.
When determining the applicable rental prices, staff hourly rates and catering prices for the lessee, the year in which the lessee rents the hall shall be the basis. The lessor is entitled to charge price increases occurring after the agreement has been concluded to the lessee. Such price increases shall be passed on to the lessee as from 1 January of the year following the calendar year in which the agreement was concluded. The lessee cannot invoke any other price list or price arrangement than those agreed upon by the lessor on the basis of the above.
Article 3 Reservation
An option for one or more rooms belonging to the Bostheater is non-binding and valid for a maximum of 30 days. If no rental agreement is concluded within this period, the option automatically expires. If, within this 30-day option period, another interested party applies for the same period, the lessor will immediately contact the option holder. The option holder will then be given a maximum of 48 hours to convert the option into a rental agreement, failing which the option will automatically expire.
A rental agreement is concluded at the moment a written and/or digital acceptance of the quotation is received.
The rented premises consist exclusively of the room(s) described in the rental agreement. The lessee must adhere to the start and end times specified in the rental agreement. For activities required for set-up, furnishing and/or decoration or testing of equipment, one hour prior to the event is standard, unless otherwise agreed. The Bostheater has the right to strictly enforce the agreed times.
Article 4 Cancellation and Modification
4.A Cancellations and modifications for rentals from October through April:
4.B Cancellations and modifications for rentals from May through September (the theatre season):
Article 5 Payment
The lessee is obliged to pay the rental price within 14 days of receipt of the invoice.
For a rental and/or catering price of €1,000 or more, a deposit of 30% of the quoted amount is required. This deposit must be paid no later than 14 days before the reservation date. The deposit received will be deducted from the final invoice.
The lessee may only claim discounts or compensation from the lessor if agreements to that effect have been made in writing and signed by both parties.
In case of non-payment or late payment of the rental price or additional costs, the lessor shall charge statutory interest.
Costs incurred by the lessor as a result of non-fulfilment or late fulfilment of the rental agreement by the lessee shall be borne by the lessee, who unreservedly accepts the bona fide statement of the lessor. Pending the determination of the actual costs by the lessor, extrajudicial collection costs will be provisionally set at 15% of the unpaid rental price and additional costs referred to in Article 2, with a minimum of €100.
Prices quoted in offers are exclusive of VAT and other government levies, as well as any costs to be incurred under the agreement, including shipping and administration costs, unless otherwise indicated.
Article 6 Furnishing and Vacating
The furnishing and vacating of the rented premises must take place in consultation with the lessor. No later than two weeks before commencement of the rental, the lessee must inform the lessor of the desired furnishing and layout. The lessor has the right to give binding instructions regarding the execution of work in or on the rented premises and their use.
Work carried out by third parties on behalf of the lessee must at all times be supervised by a person appointed by the lessee.
The premises must be left in the condition in which they were found.
Smoking is not permitted inside the Boshuis. Smoking is allowed on the outdoor terrace; cigarette butts must be disposed of in the designated ashtrays.
It is permitted to bring your own refreshments. These must be cleared and taken away after the event.
Unless approved by the lessor, the lessee may not make any alterations to the rented premises, and may not stick, cut, break, drill, or nail floors, walls, columns, etc.
Upon termination of the rental period, the lessee must return the premises in the condition in which they were provided. If the lessee fails to do so, the lessor is entitled to take necessary measures at the lessee’s expense, and the lessee is liable for damages if the lessor is unable to re-let the premises due to improper delivery.
Article 7 Rules of Conduct
The lessee is obliged to comply with all regulations and instructions given by the Municipality of Amsterdam, the fire department, and/or other authorities concerning the use of the rented premises, and to bear any direct or indirect costs thereof.
Placing decorations and/or advertising materials on, in, or around the rented premises, as well as the content of advertising materials for an event in the premises, is in principle not permitted and always requires the lessor’s written consent. If permission is granted, all such materials must be removed by the lessee afterwards.
Operation of technical installations is only permitted by or under the supervision of the lessor’s staff. The lessor is not liable for malfunctions of these technical installations.
No highly flammable or explosive substances or other dangerous or nuisance-causing goods may be present in the rented premises or on the premises’ grounds.
It is not permitted to scatter confetti, rice or similar materials. The use of torches, fireworks, candles and sparklers is also prohibited. If this is nevertheless observed, an additional €250 will be charged to cover cleaning costs.
The lessee must ensure that no nuisance is caused to co-users of the building and must follow instructions from the lessor in this regard.
Persons under 18 years of age are not permitted to consume alcohol in or around the Boshuis.
The lessee guarantees that participants in the event are aware of these General Terms and Conditions.
Article 8 Liability and Indemnification of Third-Party Claims
The lessor is not liable towards the lessee, its staff, or persons present on its behalf in the building of which the rented premises form part, for the consequences of visible or hidden defects and/or properties of the building, or for the consequences of non-fulfilment or late fulfilment of any provision of the rental agreement, unless due to gross negligence on the part of the lessor.
Goods of the lessee or third parties are present in the building before, during and after the rental period at the lessee’s own risk. The lessor is not liable for theft and/or loss of money and/or goods from the building.
The lessee indemnifies the lessor against any third-party claims for damages in cases where the lessee itself has no claims against the lessor.
Article 9 Additional Provisions
The lessee is not permitted to sublet the rented premises, in whole or in part, to third parties without the lessor’s consent.
The lessee shall grant the lessor’s staff free access to the rented premises for the purpose of carrying out their duties and supervising compliance with the rental agreement.
In the event of disturbances attributable to the lessee or failure to fulfil any of its obligations under the rental agreement, or if the lessee applies for suspension of payment or bankruptcy, the lessor has the right to consider the rental agreement immediately terminated without written notice. The lessee must then comply immediately with the obligation to vacate the premises as set out in Article 6(7), without prejudice to the lessor’s right to claim damages arising from this termination.
If, after concluding the agreement, the lessor establishes that the event is of a racist, fascist and/or human rights-violating nature, the lessor reserves the right to unilaterally cancel the event at any time, without any financial compensation being due.
Article 10 Applicable Law and Competent Court
All matters relating to the rental or use of the rented premises are governed by Dutch law. Any disputes shall be submitted to the competent court in Amsterdam.
Disclaimer: This English version of the General Terms and Conditions has been translated from Dutch into English. In the event of any discrepancies arising from the translation, the Dutch version shall prevail. The original document can be found at: https://bostheater.nl/algemene-voorwaarden/algemene-voorwaarden-verhuur-amsterdamse-bostheater/.