General terms and conditions Golflounge Amsterdam
1. Golflounge Amsterdam: Golfacademy and Driving range Fairway B.V., established in Amsterdam under KvK nr. 34106319.
2. Customer: the person with whom Golflounge Amsterdam has entered into an agreement.
3. Parties: Golflounge Amsterdam and customer together.
4. Consumer: a customer who is also an individual acting as a private person.
Applicability of general conditions
1. These terms and conditions apply to all offers, quotations, activities, orders, agreements and deliveries of services or products by or on behalf of Golflounge Amsterdam.
2. Parties can only deviate from these terms and conditions if they have explicitly agreed to this in writing.
3. Parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.
Offers and tenders
1. Offers and tenders of Golflounge Amsterdam are without obligation, unless explicitly stated otherwise.
2. An offer or quotation is valid for a maximum of 1 month, unless another acceptance period is stated in the offer or quotation.
3. If the customer does not accept an offer or quotation within the applicable period, the offer or quotation will lapse.
4. Offers and quotations do not apply to repeat orders, unless the parties have expressly agreed in writing.
1. Upon acceptance of an offer or quotation without engagement, Golflounge Amsterdam reserves the right to withdraw the offer or quotation within 3 days of receipt of the acceptance, without the customer being able to derive any rights from this.
2. Verbal acceptance by the customer only binds Golflounge Amsterdam after written (or electronic) confirmation by the customer.
1. All prices quoted by Golflounge Amsterdam are in Euros, inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed upon otherwise.
2. All prices used by Golflounge Amsterdam for its services, on its website or otherwise made known, can be changed by Golflounge Amsterdam at all times.
3. The price relating to a service will be determined by Golflounge Amsterdam on the basis of actual hours spent.
4. The price is calculated in accordance with Golflounge Amsterdam’s usual hourly rates, valid for the period in which Golflounge Amsterdam performs activities, unless a deviating hourly rate has been agreed upon.
5. If parties have agreed upon a total price for a service by Golflounge Amsterdam, this is always a target price, unless parties have explicitly agreed upon a fixed price in writing, which cannot be deviated from.
6. Golflounge Amsterdam is entitled to deviate up to 10% from the target price.
7. If the guide price is more than 10% higher, Golflounge Amsterdam has to inform the customer why the higher price is justified.
8. If the guide price exceeds 10%, the client has the right to cancel the part of the order that exceeds the guide price plus 10%.
9. Golflounge Amsterdam has the right to adjust the prices annually.
10. Prior to taking effect, Golflounge Amsterdam will communicate price adjustments to the customer.
11. The customer has the right to cancel the agreement with Golflounge Amsterdam if he/she does not agree with the price increase.
Payments and payment term
1. Golflounge Amsterdam may require a down payment of up to 50% of the agreed amount upon entering into the agreement.
2. The customer must pay in arrears within 14 days of delivery.
3. Payment deadlines are considered fatal. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment period, he/she is legally in default, without the need for Golflounge Amsterdam to send the customer a reminder or give notice of default.
4. Golflounge Amsterdam reserves the right to make a delivery conditional upon immediate payment or to demand security for the total amount of the services or products.
Consequences of late payment
1. If the customer does not pay within the agreed term, Golflounge Amsterdam is entitled to charge statutory interest of 2% per month for non-trading transactions and statutory interest of 8% per month for trading transactions from the day the customer is in default, whereby a part of a month will be counted as a whole month.
2. When the customer is in default, he/she will also owe extrajudicial collection costs and possible damages to Golflounge Amsterdam.
3. Collection costs shall be calculated in accordance with the Besluit vergoeding voor buitengerechtelijke incassokosten [Extrajudicial Collection Costs Decree].
4. If the customer does not pay in time, Golflounge Amsterdam is entitled to suspend its obligations until the customer has fulfilled his/her payment obligation.
5. In case of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of Golflounge Amsterdam on the customer are immediately due and payable.
6. If the customer refuses to cooperate in the fulfilment of the agreement by Golflounge Amsterdam, he/she will still be obliged to pay the agreed price to Golflounge Amsterdam.
Right of withdrawal
1. A consumer can dissolve an online purchase during a reflection period of 14 days without giving reasons, provided that:
– the service does not concern accommodation, travel, restaurant business, transport, catering order or form of leisure activity
– it does not concern (an order for) emergency repairs
– it does not concern betting and/or lotteries
– the consumer has not waived his right of withdrawal
– it does not concern a service that is carried out in full with the customer’s consent within the 14 calendar day withdrawal period and for which the customer has expressly waived the right of withdrawal.
2. The cooling-off period of 14 days as mentioned in paragraph 1 starts:
o as soon as the consumer has concluded the service delivery agreement
o as soon as the consumer has confirmed that he will purchase digital content via the Internet
3. The consumer can make his appeal to the right of withdrawal known via email@example.com.
4. After the 14-day cooling-off period, the following conditions apply:
– up to 48 hours in advance you can cancel free of charge
– up to 24 hours in advance you can cancel with a 50% refund of the costs
– if you wish to cancel within 24 hours of your reservation, we charge 100% cancellation costs
– you can change your reservation free of charge up to 2 hours in advance
– if you do not arrive and we have not heard from you, we will charge 100% costs
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Unless the customer is a consumer, the customer waives his right to set off a debt to Golflounge Amsterdam against a claim on Golflounge Amsterdam.
1. The customer is obliged to adequately insure and keep insured the following items against amongst others fire, explosion and water damage as well as theft:
o delivered items necessary for the execution can the underlying agreement
o items belonging to Golflounge Amsterdam that are present on the premises of the customer
o goods delivered under reservation of ownership
2. Upon first request of Golflounge Amsterdam, the customer will make the policy of this insurance available for inspection.
When parties have entered into an agreement with a service provision character, it contains for Golflounge Amsterdam only an obligation to perform to the best of its ability and therefore no obligation to achieve a result.
Execution of the agreement
1. Golflounge Amsterdam shall execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
2. Golflounge Amsterdam has the right to have the agreed upon services (partially) carried out by third parties.
3. Execution of the agreement will take place in mutual consultation and after written agreement and payment of the possibly agreed upon advance by the client.
4. It is the responsibility of the customer that Golflounge Amsterdam can start the execution of the agreement on time.
5. If the client has not ensured that Golflounge Amsterdam can start executing the agreement in time, the resulting extra costs and/or extra hours will be charged to the client.
Provision of information by the client
1. The customer shall make all information, data and documents relevant for the correct execution of the agreement available to Golflounge Amsterdam on time and in the desired form and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, also when these originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
3. If and when requested by the client, Golflounge Amsterdam will return the documents concerned.
4. If the customer does not, not timely or not adequately make available the information, data or documents reasonably requested by Golflounge Amsterdam, and the execution of the agreement is delayed as a result, the extra costs and extra hours resulting from this will be charged to the customer.
1. The customer shall keep secret all information (in whatever form) received from Golflounge Amsterdam.
2. The same applies to all other information regarding Golflounge Amsterdam of which the customer knows or can reasonably suspect that it is secret or confidential, or of which he can expect that its dissemination can harm Golflounge Amsterdam.
3. The customer will take all necessary measures to ensure that the information mentioned in paragraphs 1 and 2 is also kept secret.
4. The duty of confidentiality described in this article does not apply to information:
o which was already public before the customer learnt this information or which later became public without being the result of a breach of the customer’s duty of confidentiality
o which is disclosed by the customer pursuant to a legal obligation
5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.
1. If the other party violates the article of the general terms and conditions regarding confidentiality or intellectual property, he forfeits for each violation an immediately claimable fine for Golflounge Amsterdam.
– if the other party is a consumer this fine amounts to €1.000
– If the other party is a legal entity, this fine amounts to €5.000.
2. In addition, the other party forfeits an amount of 5% of the amount mentioned in paragraph 1 for each day that the violation continues.
3. No prior notice of default or court proceedings are required for the forfeiture of this penalty. Nor does it require any form of damage.
4. Forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of Golflounge Amsterdam, including its right to claim damages in addition to the fine.
The customer indemnifies Golflounge Amsterdam against all claims of third parties in connection with products and/or services provided by Golflounge Amsterdam.
1. The customer should examine a product delivered or service provided by Golflounge Amsterdam for shortcomings as soon as possible.
2. If a delivered product or service does not meet what the customer may reasonably expect from the agreement, the customer must inform Golflounge Amsterdam as soon as possible, but in any case within 1 month after noticing the shortcomings.
3. Consumers must inform Golflounge Amsterdam within 2 months after discovery of the shortcomings.
4. The customer shall provide as detailed a description of the shortcoming as possible, in order to enable Golflounge Amsterdam to respond adequately.
5. The customer needs to prove that the complaint concerns an agreement between parties.
6. If a complaint relates to ongoing activities, this can in no way lead to Golflounge Amsterdam being held to perform other activities than agreed upon.
Notice of default
1. The customer must notify Golflounge Amsterdam in writing of the default.
2. It is the responsibility of the customer that notice of default is
Joint and several liability of the customer
If Golflounge Amsterdam enters into an agreement with multiple customers, each of them is severally liable for the full amounts due to Golflounge Amsterdam under that agreement.
Liability Golflounge Amsterdam
1. Golflounge Amsterdam is solely liable for any damage suffered by the customer if and insofar as this damage was caused by intent or gross negligence.
2. If Golflounge Amsterdam is liable for any damage, it shall only be liable for direct damage resulting from or in connection with the execution of an agreement.
3. Golflounge Amsterdam is never liable for indirect damage, such as consequential damage, loss of profit, missed savings or damage to third parties.
4. If Golflounge Amsterdam is liable, this liability shall be limited to the amount paid out by its (professional) liability insurance, and in the absence of (full) payment by an insurance company of the amount of damages, liability shall be limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and only apply by approximation and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Every right of the client to compensation from Golflounge Amsterdam lapses in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.
Right of dissolution
1. The customer has the right to dissolve the agreement when Golflounge Amsterdam imputably fails to fulfil its obligations, unless this failure, in view of its special nature or minor importance, does not justify dissolution.
2. If fulfilment of the obligations by Golflounge Amsterdam is not permanently or temporarily impossible, dissolution can only take place after Golflounge Amsterdam is in default.
3. Golflounge Amsterdam has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfil his/her obligations under the agreement, or if Golflounge Amsterdam has knowledge of circumstances that give it good reason to fear that the customer will not be able to properly fulfil his/her obligations.
1. In addition to the provisions in article 6:75 of the Civil Code, it is applicable that a shortcoming of Golflounge Amsterdam in the fulfilment of any obligation towards the customer cannot be attributed to Golflounge Amsterdam in a situation that is independent of Golflounge Amsterdam’s will, as a result of which the fulfilment of its obligations towards the customer is partially or completely prevented or as a result of which the fulfilment of its obligations towards the customer cannot reasonably be required from Golflounge Amsterdam.
2. Circumstances beyond one’s control as mentioned in paragraph 1 also – but not exclusively – include: state of emergency (such as civil war, revolt, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power-, electricity-, internet-, computer- and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
3. If a force majeure situation occurs as a result of which Golflounge Amsterdam cannot fulfil 1 or more obligations towards the customer, those obligations will be suspended until Golflounge Amsterdam can fulfil them again.
4. From the moment a force majeure situation has lasted for at least 30 calendar days, both parties are entitled to dissolve the agreement partially or completely in writing.
5. Golflounge Amsterdam is not liable for any (damage) compensation in a force majeure situation, not even if it enjoys any advantage as a result of the force majeure situation.
Modification of the agreement
1. If after the conclusion of the agreement it appears necessary for the execution of the agreement to change or supplement its contents, parties shall timely and in mutual consultation adjust the agreement accordingly.
2. The previous paragraph does not apply to products purchased in a physical shop.
Amendment of general terms and conditions
1. Golflounge Amsterdam is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at all times.
3. Major changes in content will be discussed between Golflounge Amsterdam and the customer as much as possible in advance.
4. Consumers are entitled to cancel the agreement in case of a substantial change in the general conditions.
Transfer of rights
1. Rights of the customer from an agreement between parties cannot be transferred to third parties without the prior written consent of Golflounge Amsterdam.
2. This provision applies as a stipulation with property law effect as meant in article 3:83, second paragraph of the Dutch Civil Code.
Consequences of nullity or voidability
1. If one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable shall in that case be replaced by a provision that comes closest to what Golflounge Amsterdam had in mind when drawing up the terms and conditions.
Applicable law and competent judge
1. On every agreement between parties Dutch law is exclusively applicable.
2. The Dutch judge in the district where Golflounge Amsterdam has its registered office / practice / office is exclusively competent to take cognisance of possible disputes between parties, unless the law imperatively prescribes otherwise.
Drafted on 01 January 2022.