Introduction
Buitenplaats Welgelegen welcomes one party per day. The house, its collection and the people who work here together form an environment that calls for care and mutual respect. These General Terms and Conditions set out what you may expect from us and what we ask of our guests.
Definitions
Welgelegen: Buitenplaats Welgelegen B.V., established at Parklaan 15, 3016 BA Rotterdam, registered with the Dutch Chamber of Commerce under number 71796924.
the House: the monumental villa Buitenplaats Welgelegen together with its associated outbuildings [including Koetshuis Schoonoord], gardens, terraces and parking facilities, as well as the furnishings, works of art, antiques and planting located in or on them.
the Client: the natural person or legal entity that enters into an Agreement with Welgelegen or submits a request to do so.
Guest: any person who enters the House at the invitation of or with the knowledge of the Client, including third parties engaged by the Client.
the Day: the agreed date or period during which the House is made exclusively available to the Client.
Reservation Value: the total value of the agreed services as stated in the confirmation, including VAT, or, where no such amount is stated, the value that may reasonably be expected.
Agreement: any agreement between Welgelegen and the Client concerning the use of the House and the related services.
Applicability
These General Terms and Conditions apply to all quotations, options, confirmations and Agreements issued or entered into by Welgelegen.
Deviations from these conditions shall apply only where expressly agreed in writing.
The applicability of any general terms, purchasing conditions or other conditions of the Client is expressly rejected.
The Client guarantees that its Guests and any third parties engaged by it will comply with these conditions, including in particular the house rules set out in Article 9.
If any provision proves to be null and void or voidable, the remaining provisions shall remain fully in force. The relevant provision shall be replaced by a valid provision that corresponds as closely as possible to its purpose and intent.
Quotations, Options and Formation of the Agreement
All quotations are without obligation and remain valid for [14] days unless otherwise stated.
An option on a date is granted free of charge for a period of [14] days. If another interested party requests the same date within that period, the option holder will be asked to make a decision within [48 hours], failing which the option will lapse.
The Agreement is concluded upon written confirmation, including confirmation by email, by Welgelegen [and receipt of the deposit referred to in Article 4.2].
Obvious errors or clerical mistakes in quotations and confirmations shall not bind Welgelegen.
Prices and Payment
All prices are [inclusive/exclusive] of VAT unless otherwise stated. Items charged on the basis of actual consumption or subsequent calculation, including beverages, will be invoiced after the event.
The Client shall pay a deposit of [50]% of the Reservation Value within [14] days after confirmation. The remaining amount is due no later than [14] days before the Day. Invoices based on subsequent calculation are payable within [14] days of the invoice date.
Welgelegen may require additional security, including a security deposit of [€ amount], which will be refunded after the Day after deduction of any damage or additional costs.
In the event of late payment, the Client shall be in default without further notice and shall owe the applicable statutory (commercial) interest and extrajudicial collection costs.
Cost increases occurring more than three months after conclusion of the Agreement, including government charges and purchasing costs, may be passed on to the Client. A Client who is a consumer may terminate the Agreement free of charge if such an increase takes place within three months after conclusion of the Agreement.
Number of Guests and Changes
The Client shall provide the final number of Guests no later than [7] days before the Day. This number shall constitute the minimum basis for invoicing.
The agreed maximum number of Guests may only be exceeded with Welgelegen's prior written consent.
Changes to the programme shall be made in consultation with Welgelegen. Any additional costs arising from such changes shall be borne by the Client.
Cancellation by the Client
Cancellation must be made in writing. The date on which Welgelegen receives the cancellation shall be decisive.
Because the House is reserved exclusively for one party on each Day and is therefore unavailable to any other interested party, the following cancellation charges shall apply:
| Cancellation before the Day | Percentage of Reservation Value due |
|---|---|
| More than [6] months | [15]% |
| [6] to [3] months | [35]% |
| [3] months to [1] month | [60]% |
| [1] month to [14] days | [85]% |
| [14] days or less, or no-show | 100% |
This scale reflects the exclusive character of the House and follows the methodology of the Uniform Conditions for the Hotel and Catering Industry.
The Day may be rescheduled once, subject to consultation and availability, to a date within [12] months, against a rescheduling fee of [10]% of the Reservation Value. If the rescheduled booking is subsequently cancelled, the cancellation scale in Article 6.2 shall apply in full.
Welgelegen advises the Client to take out appropriate event or cancellation insurance.
Suspension and Termination by Welgelegen
Welgelegen may suspend or terminate the Agreement if: (a) the Client fails to meet its payment obligations; (b) there are reasonable grounds to fear that the house rules, public order or safety will be breached; (c) the Client has provided incorrect or incomplete information concerning the nature or scale of the gathering; or (d) the Client is declared bankrupt or has been granted a suspension of payments.
In the circumstances referred to in Article 7.1, the compensation referred to in Article 6.2 shall remain payable and Welgelegen shall not be liable to pay any compensation.
In the event of a serious breach of the house rules during the Day, including in any event Articles 9.2, 9.3, 9.4 and 9.6, Welgelegen may terminate the gathering with immediate effect and deny Guests access, without refund and without prejudice to its right to claim damages.
Exclusive Use of the House
On the Day, the House shall be made exclusively available to the Client's party and may only be used for the agreed purpose.
The permitted hours of use are from [time] until [time]. Set-up and dismantling shall take place in consultation with Welgelegen and within the agreed times.
The Client may not transfer the use of the House, in whole or in part, to third parties or sublet the House.
Welgelegen and its employees shall retain access to all areas at all times. Areas not included in the agreed use are not accessible to Guests.
House Rules
The House is a monumental country estate whose history dates back to 1736, with a carefully managed collection of art and antiques. Every Guest is expected to treat the property with the care appropriate to a guest in an exceptional historic house.
Instructions from the host, hostess and other members of staff must be followed at all times.
Respect for staff and fellow Guests is the standard. Aggression, intimidation, discrimination or other disrespectful behaviour towards employees or Guests will under no circumstances be tolerated and may result in removal and termination in accordance with Article 7.3.
The House is entirely smoke-free, including e-cigarettes and vapes. Smoking is permitted only following prior consultation with and approval from the host or hostess and only in the designated area(s) [such as the cigar room and/or designated outdoor location]. Smoking elsewhere in or around the House may result in termination in accordance with Article 7.3. Cleaning and restoration costs resulting from nicotine or other smoking-related damage shall be borne by the Client.
The possession, use or sale of narcotics, including soft drugs, hard drugs and nitrous oxide, is prohibited in and around the House. Any breach will result in immediate removal and termination without refund and, where necessary, the police will be contacted.
Works of art, antiques and the historic interior are to be enjoyed with the eyes, not the hands. They may not be touched, moved or used. Guests may not lean against furniture, sit on furniture not intended for seating, or place objects on antique furniture without suitable protection. Children must remain under the direct supervision of their parents or guardians at all times.
To protect the monument, nothing may be attached to walls, ceilings, floors or frames, including adhesive tape, nails, drawing pins or similar materials. Decorations are permitted only after prior consultation. Open flames are prohibited in and around the House, including candles, tea lights, torches, sparklers and fireworks. Confetti, rice, rose petals, streamers, sky lanterns and smoke machines are also prohibited, both indoors and outdoors. Ambient lighting must be electric, such as LED candles.
Emergency exits and escape routes must remain clear. Fire-safety requirements and the maximum permitted occupancy of each room must be observed.
Sound levels and finishing times must comply with the agreements made and applicable permits, with due consideration for the surrounding Scheepvaartkwartier.
Pets are not permitted, with the exception of assistance dogs. Any other exception requires prior consultation.
Use of the cloakroom and leaving personal belongings at the property are at the Guest's own risk. Found property should be handed to a member of staff.
CCTV surveillance is in operation for the security of the House and its collection. Recordings are treated confidentially in accordance with applicable privacy law.
Dietary Requirements and Allergens
Guests' dietary requirements, allergies and intolerances must be communicated to Welgelegen in writing no later than [7] days before the Day. The Client is responsible for obtaining complete and accurate information from its Guests and providing it to Welgelegen in good time.
Upon request, Welgelegen will provide information about the presence of the fourteen legally recognised allergens under Regulation (EU) No 1169/2011 in the food and beverages offered and will carefully take account of allergies and intolerances reported in good time when purchasing and preparing food.
Food is prepared in a kitchen where allergens are handled. Despite all reasonable care, cross-contamination can never be completely excluded. Welgelegen therefore cannot guarantee that food or beverages will be entirely free from allergens or traces of allergens.
In the case of serious or life-threatening allergies, prior personal consultation with Welgelegen [and the chef] is required. Guests with such allergies are responsible for carrying any necessary medication, such as an adrenaline auto-injector, and must inform the host or hostess of its presence upon arrival.
Welgelegen shall not be liable for consequences of allergies or intolerances that were not reported, were reported late or were reported incorrectly, nor, provided the duty of care described in Article 10.2 has been observed, for traces of allergens resulting from cross-contamination. This limitation does not apply in cases of intent or deliberate recklessness by Welgelegen and applies to consumers only to the extent permitted by law.
External Suppliers
Third parties, including catering, music, technical, floral and photography suppliers, may only be engaged with Welgelegen's prior approval. [Welgelegen works with a selection of regular partners.]
Third parties engaged by the Client must comply with these conditions and with staff instructions. The Client is responsible for them in accordance with Article 12.
Deliveries, collections, loading and unloading must take place via the designated route and within the agreed times.
Damage
The Client is liable to Welgelegen for all damage to the House, furnishings and collection caused by the Client, its Guests or third parties engaged by the Client.
Any damage must be reported to staff immediately.
Damage to the listed building, historic interior or collection may only be repaired by restorers and specialists appointed by Welgelegen, at the Client's expense. Any reduction in the value of works of art or antiques shall be determined by an independent valuer. That determination shall be binding on both parties, subject to evidence to the contrary.
Welgelegen may require the Client to maintain adequate event liability insurance.
Liability of Welgelegen
Welgelegen's liability is limited to the amount paid by its insurer in the relevant case. If the insurer makes no payment, liability is limited to a maximum of the Reservation Value.
Welgelegen is not liable for indirect or consequential loss or damage.
Welgelegen is not liable for loss, theft or damage to Guests' belongings. Presence on the premises and use of the parking facilities are at the Guest's own risk.
These limitations do not apply where damage results from intent or deliberate recklessness on the part of Welgelegen or its management and apply to consumers only to the extent permitted by law.
Force Majeure
Force majeure includes government measures, epidemics, strikes, utility failures, extreme weather conditions, and fire, water or other damage to the monumental House which, in Welgelegen's opinion, makes its use unsafe or otherwise inappropriate.
In the event of force majeure, the parties shall first make reasonable efforts to agree an alternative date. If this is unsuccessful, either party may terminate the Agreement. Amounts already paid will be refunded after deduction of demonstrable reasonable costs already incurred.
Force majeure does not entitle either party to further compensation.
Discretion, Privacy and Visual Material
Discretion is the standard of the House. Welgelegen maintains strict confidentiality regarding the identity of Guests and the content of gatherings and imposes the same obligation on its staff and partners. A confidentiality agreement will be signed upon request.
Personal data is processed in accordance with the GDPR and Welgelegen's privacy statement.
Photography and filming for private use are permitted. Commercial use of images of the House or its interior, publication for press or promotional purposes and the use of drones require Welgelegen's prior written consent.
Welgelegen will not publish visual material in which Guests are recognisable without their consent.
Use of the Buitenplaats Welgelegen name or logo in the Client's communications requires prior written consent.
Complaints
Complaints must be submitted in writing as soon as possible and no later than [14] days after the Day. Welgelegen will provide a substantive response within [14] days.
A complaint does not suspend the Client's payment obligations, except where mandatory consumer law provides otherwise.
Applicable Law and Disputes
All Agreements are governed by Dutch law.
The parties shall first endeavour to resolve disputes through mutual consultation. Disputes that cannot be resolved by consultation shall be submitted to the District Court of Rotterdam, unless mandatory law provides otherwise.