TERMS AND CONDITIONS
GO-Team Building Events/Meetings
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Article 1 – Definitions
1.1 GO-Teambuilding B.V., based in Papendrecht, Chamber of Commerce number 95706712, shall be referred to as the service provider in these general terms and conditions.
1.2 The counterparty of the service provider is referred to as the client in these general terms and conditions.
1.3 Provider and client are collectively referred to as the ‘Parties’.
1.4 The agreement refers to the service agreement between the parties.
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Article 2 – Applicability of terms
2.1 These terms and conditions apply to all legal relationships between the service provider and the client.
2.2 These terms and conditions apply to all quotes, offers, work, agreements and deliveries of services by or on behalf of the service provider.
2.3 Deviations from these terms and conditions are only permitted if expressly agreed in writing by the parties.
2.4 The agreement always contains obligations of effort for the service provider, not obligations of result.
2.5 The applicability of any other terms and conditions of the client is expressly rejected.
2.6 If one or more provisions in these terms and conditions are void or annulled, the remaining provisions will remain fully applicable. In that case, the parties will consult with each other to agree on new provisions to replace the void or annulled provisions, taking into account the purpose and intent of the original provision as far as possible.
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Article 3 – Execution of an assignment
3.1 The service provider is entitled to engage third parties in and/or for the performance of an agreement.
3.2 If a quote is agreed to, the number of participants as stated in the agreement will be assumed.
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Article 4 – Client Responsibilities (incl. participant numbers)
4.1 The Client shall itself be responsible for obtaining all permits and all consents from and agreements with third parties – including caterers, owners/lessors of locations, contractors and other executors – which are necessary for the execution of an agreement.
4.2 The client is solely responsible for the actions and omissions of visitors to an event organised or carried out under the agreement.
4.3 The Client shall, at its own expense, ensure adequate measures are taken to guarantee the safety of visitors, performers, crew, (other) third parties and materials for the agreed event. The Service Provider is entitled to set additional requirements in this regard, if the Service Provider deems this necessary.
4.4 The client shall make all data and resources that the service provider requires for the assignment available in a timely manner. This may include, for example, storage for materials if multiple events are booked within the same period. Any storage costs shall be borne by the client.
4.5 The client must ensure that any additional (governmental) regulations are implemented.
4.6 The Client shall notify the Organiser in writing of the final number of participants no later than 7 days before the start of the event (“final number”). This final number may not be more than 10% lower than the number of participants stated in the quotation/agreement.
4.7 If the number of participants on the event day is lower than the final number, the final number will still be invoiced.
4.8 If, on the event day, the number of participants exceeds the final number, GO-Teambuilding B.V. shall invoice the additional participants at the agreed unit price per participant, provided that execution is practically feasible. If execution is not (fully) possible due to the higher number of participants, the service provider is entitled to adapt the programme, charge an additional fee and/or refuse participation above the final number.
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Article 5 – Fees and Payment
5.1 Payment by the client shall be made no later than 14 days after the invoice date, without the client being able to claim any set-off, suspension, or otherwise withhold payment.
The payment term of 14 days applies, unless expressly agreed otherwise.
5.3 If the client has not paid within the period specified in Article 5.1, they shall be in default. The service provider will then send a reminder requesting payment within 5 days.
5.4 If the client does not proceed with payment after the reminder, the client shall owe the statutory commercial interest and shall also be liable for reimbursement of all judicial and extrajudicial (collection) costs incurred by the service provider.
5.5 In the event of the client's liquidation, bankruptcy, attachment or suspension of payments, the service provider's claims against the client shall become immediately due and payable.
5.6 If the client fails to cooperate with the service provider in the execution of the assignment, the client is still obliged to pay the agreed price to the service provider.
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Article 6 – Offers, options and quotes
6.1 Service provider's offers are valid for a maximum of 1 week, unless a different period of acceptance is stated in the offer, such as in the case of an option.
6.2 The service provider may grant an option on a specific date, as described in the quotation. If this option is not accepted within the specified period, the offer will lapse.
6.3 The prices stated on offers, quotations and invoices are exclusive of VAT and any other government levies, unless expressly stated otherwise.
6.4 The parties agree on a fixed price at the conclusion of the agreement based on the terms and conditions stated by the service provider, including, but not limited to, the maximum number of participants, travel expenses, special costs, venue hire, and other relevant pricing factors.
6.5 If more participants are present (or wish to be present) than agreed in advance, the service provider is entitled to unilaterally terminate the agreement. This does not affect the client's payment obligation.
6.6 The same applies if other factors as described in the quotation are deviated from (for example, the location or time/duration of the event/meeting).
6.7 If the service provider does not exercise the right to terminate, an additional charge may be agreed upon, the meeting may be suspended, and/or another solution shall be determined through mutual consultation.
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Article 7 – Bespoke Design
7.1 If no fixed price has been agreed (for example, because the event is tailored to the client's specific situation), the rate may be set based on the hours actually spent. The rate will be calculated according to the service provider's usual hourly rates, applicable for the period in which the work is performed, unless a different hourly rate has been agreed.
7.2 If no rate based on actual hours worked has been agreed, a guide price shall be agreed, from which the service provider is entitled to deviate by up to 10%. If the indicative price is set to exceed the indicative price by more than 10%, the service provider shall inform the client in good time. The client shall then be entitled to cancel (part of) the assignment that exceeds the indicative price plus 10%.
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Article 8 – Cancellation
8.1 Any impediment, for whatever reason, on the client's side which prevents the event from proceeding, in whole or in part, shall be at the client's sole risk and shall never release the client from their obligations to the service provider.
8.2 In the event of postponement or cancellation by the client, the client shall owe the service provider the following percentages of the agreed fee:
• Cancellation or postponement more than 180 days before the production date: 25%
• Cancellation or postponement between 180 and 120 days prior to the production date: 50%
• Cancellation or postponement between 120 and 30 days prior to the production date: 75%
• Cancellation or postponement less than 30 days before the production date: 100%
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Article 9 – Force Majeure
9.1 The Service Provider is not obliged to perform the agreement and is entitled to claim force majeure (Article 6:75 of the Dutch Civil Code) if performance is prevented or made difficult, in whole or in part, whether temporarily or otherwise, by circumstances beyond its reasonable control. Force majeure includes, but is not limited to: illness of the supervisor from GO-Teambuilding B.V. or third parties engaged by the supervisor who play an essential role, accidents, equipment failures, and other causes that are reasonably beyond the control of the Service Provider.
9.2 In the event of Force Majeure, the obligations of the service provider shall be suspended. If the Force Majeure lasts so long that the assignment cannot reasonably be performed (in time), both the service provider and the client shall be entitled to dissolve the agreement for the unperformable part, without the client being entitled to compensation.
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Article 10 – Interruption and strike
10.1 During the event/gathering, participants must follow the instructions of the event supervisor appointed by the service provider, including game instructions and agreements regarding fair play.
10.2 If participants do not follow these instructions or do so insufficiently, the meeting may be interrupted or terminated. The client is responsible for the orderly conduct of participants, including appropriate language, careful and non-reckless actions, and limiting alcohol or other substances that negatively affect behaviour.
10.3 There is active participation; this means that there is active involvement in activities.
10.4 Any behaviour that exceeds or negates the nature and purpose of the meeting may be grounds for withdrawal. This can include inappropriate criticism, hurtful remarks about each other or attempts to embarrass one another.
10.5 Participants will be addressed by the event supervisor regarding cross-border behaviour. This counts as a warning, even if it is not explicitly formulated as such. Following this, expulsion is possible as described in Article 10.2.
10.6 In case of interruption, consultation will be held with the client's representative present at that time. The Service Provider will indicate the conditions under which the meeting will be continued or definitively terminated.
10.7 The service provider is not liable for damages arising from inappropriate behaviour by participants (see Article 13).
10.8 If the meeting is temporarily suspended or adjourned due to unforeseen circumstances, a suitable alternative will be arranged in consultation, such as a break, change of (room) location, or continuation at another time.
10.9 If it is not reasonably possible to make progress with the event/meeting, the service provider reserves the right to permanently cease. The client's contact person will be informed of this, and the client will remain obliged to pay for the event/meeting.
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Article 11 – Confidentiality
11.1 Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from other sources in connection with the agreement. Information is considered confidential if this has been indicated by the other party and/or if this is apparent from the nature of the information.
11.2 If GO-Teambuilding B.V. is required to provide confidential information to designated third parties by law or court order, GO-Teambuilding B.V. shall not be liable for any damages, and the client shall not be entitled to terminate the agreement due to any damage that may arise from this.
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Article 12 – Intellectual Property & Citation
12.1 GO-Teambuilding B.V. at all times retains the intellectual property rights vested in it pursuant to the Copyright Act and other statutes and regulations.
12.2 All (digital) documents drawn up and provided by GO-Teambuilding B.V., including drafts, advice documents, designs, and presentations, are and remain the property of GO-Teambuilding B.V. These are exclusively intended for the client within the ongoing project and may not be made public, disclosed to third parties, or duplicated without the explicit written consent of GO-Teambuilding B.V. This also applies to information available on websites of and affiliated with GO-Teambuilding B.V.
12.3 GO-Teambuilding B.V. reserves the right to use knowledge acquired through performed work for other purposes, provided that no strictly confidential information of the client is disclosed to third parties.
12.4 GO-Teambuilding B.V. may take photos and videos for promotional purposes. Furthermore, during an assignment, information about the project may be shared via online channels (such as LinkedIn). The client grants permission for this, unless explicitly agreed otherwise.
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Article 13 – Claims, complaints and liability (merged)
13.1 The Service Provider shall perform the agreement to the best of their knowledge and ability and in accordance with the requirements of good workmanship. All obligations of the Service Provider shall constitute a best endeavours obligation; the Service Provider cannot guarantee a result.
13.2 The service provider shall not be liable for any damage that is the direct or indirect result of actions and/or decisions by the client and/or participants that are (partly) based on the information and/or (working) material provided during the event/meeting.
13.3 The service provider shall not be liable for indirect damage, consequential damage, loss of profit, loss of savings, reduced goodwill, damage to reputation, and damage due to business stagnation.
13.4 The Service Provider shall not be liable for the loss, theft or damage of the Client's and/or Participants' property at or around the event/meeting.
13.5 The service provider shall not be liable for personal injury and other damage caused by the actions or omissions of participants, or caused by goods/materials from the venue owner or caterer, unless there is intent or gross negligence on the part of the service provider.
13.6 The service provider's liability for direct damage shall only arise if the client demonstrates intent or gross negligence on the part of the service provider.
13.7 If the service provider may be liable for any direct damage, then the liability shall be limited to the amount paid out by the service provider's liability insurance. If the insurance does not pay out, the liability shall be limited to a maximum of half the amount of the price agreed for that agreement.
Complaints about the performance of the work and/or the invoice must be reported by email or in writing within 5 days of the complaint arising, at the latest. The service provider will then be given at least ten working days to rectify the defect. Complaints must be as detailed as possible, so that the service provider can respond adequately.
13.9 The client shall indemnify the service provider, its employees and third parties engaged by the service provider against third-party claims in connection with the performance of the agreement.
13.10 Legal actions against the service provider, including claims for damages, shall lapse within one year of the claim arising, notwithstanding the provisions of Article 6:89 of the Dutch Civil Code.
13.11 Liability-limiting or excluding conditions applied by third parties (such as venue owners, caterers, and other suppliers) in connection with the event/gathering may also be invoked by the service provider against the client.
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Article 14 – Execution of the agreement
14.1 The service provider has the right to have work carried out by third parties, in consultation with the client.
14.2 Execution shall take place in mutual consultation and following written agreement and payment of any agreed advance.
14.3 It is the client's responsibility that the service provider can commence the meeting in a timely manner.
This means that the venue can be entered at least 60 minutes before the start of the meeting to set up the room.
14.5 If the meeting takes place at a location designated by the client, the client shall ensure its suitability in accordance with the requirements laid down in writing by the service provider. The client is responsible, among other things, for fire safety and other safety aspects, as well as sufficient floor space and height, heating, and sufficient electrical connections.
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Article 15 – Amendment of the agreement
15.1 If, during the performance, it appears that it is necessary to amend or supplement the work for proper execution, the parties shall amend the agreement accordingly in good time and after mutual consultation.
15.2 If the agreement is amended or supplemented, the performance time may be affected. The Service Provider will inform the Client as soon as possible.
15.3 If the amendment or supplement has financial and/or qualitative consequences, the service provider shall inform the client thereof in writing as soon as possible.
15.4 Where parties have agreed a fixed fee, the service provider shall indicate the extent to which the amendment or supplement results in an exceeding of this fee.
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Article 16 – Expiry of claim
16.1 Any right to compensation from the service provider shall in any event lapse 12 months after the event from which the liability arises directly or indirectly. This does not prejudice the provisions of Article 6:89 of the Dutch Civil Code.
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Article 17 – Indemnity
17.1 The client shall indemnify the service provider against all third-party claims relating to the goods and/or services provided by the service provider.
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Article 18 – Suspension and termination
18.1 If the client fails to meet any obligation under the agreement and/or in the event of the client's bankruptcy, cessation of business or liquidation, the service provider has the right to suspend the performance of the agreement or to dissolve the agreement in whole or in part, without notice of default and without judicial intervention. In that case, the service provider is not liable for any compensation and obligations towards the client shall become void.
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Article 19 – Applicable law and disputes
19.1 All agreements between the service provider and the client are governed by Dutch law.
