Algemene voorwaarden

Article 1 General

1.    These conditions apply to all agreements with Hole 18 Golf Course Photography regarding participation or assignment to provide golf photography in the broadest sense of the word, hereinafter referred to as 'golf photography.

2.    Deviations from these conditions are only binding if and insofar as they have been confirmed in writing by Hole 18 Golf Course Photography.

3.    A quotation/offer is always made in writing by Hole 18 Golf Course Photography and can be accepted by the client within 14 days.

4.    The agreement between Hole 18 Golf Course Photography and the client is concluded by the client signing the appropriate contract quotation, by written confirmation signed by Hole 18 Golf Course Photography and the client or by written confirmation by Hole 18 Golf Course Photography to the client. his telephone registration or order. The confirmation is deemed to reflect the agreement correctly and completely. All offers from Hole 18 Golf Course Photography are without obligation.

5.    If the client wishes to make changes or additions to the agreement, he can make this known in writing within 14 days after the date of receipt of the order confirmation.

Article 2 Duration and timetable

1.    An agreement is entered into for the duration of the subscription and is tacitly renewed every year.

2.    Dates, times and location of the photo shoot are determined in consultation and depend on the weather.

3.    Once agreed, dates, times and location of a photo shoot can be changed in consultation.

Article 3 Obligations of the client

1.    The Client must formulate its assignment completely and clearly. In the event of incomplete and/or unclear formulation, the resulting costs will be borne by the Client.

2.    The Client is obliged to make available to Hole 18 Golfbaan Fotografie all information and documents that Hole 18 Golfbaan Fotografie deems necessary for the correct execution of the assigned assignment, in a timely manner, in the desired form and in the desired manner. Furthermore, the client must inform Hole 18 Golf Course Photography of all events and circumstances that may be important for the execution of the assignment. This also applies to events and circumstances that only become known after receipt of the work.

3.    The Client guarantees the accuracy, completeness and reliability of the data and documents made available to Hole 18 Golf Course Photography, even if they come from third parties.

4.    Costs arising from the delay in the execution of the assignment and the additional fee arising from failure to provide data and documents on time or properly will be borne by the client.

5.    The client is responsible for the deployment of employees of the client's organization involved in the work of Hole 18 Golf Course photography.

Article 4 Execution

1.    Hole 18 Golf course photography determines the way in which and by which persons the assigned assignment is carried out.

2.    If the client wishes to involve third parties in the execution of the assignment, he will only do so after reaching an agreement about this with Hole 18 Golfbaan fotografie.

3.    Hole 18 Golf Course Photography is free to have assignments granted under its responsibility carried out by partners and employees of Hole 18 Golf Course Photography to be designated by it, where appropriate with the involvement of assistants and third parties. The choice of third parties to be engaged by Hole 18 Golf Course photography will, where possible, be made in consultation with the client and with due care.

4.    If the assignment cannot be carried out at the agreed time, place and manner due to illness or force majeure, Hole 18 Golf Course Photography is entitled and obliged to carry out the agreed work at a time to be agreed upon.

5.    The expenses incurred by both parties in situations as described in the above paragraph (5.5) cannot be recovered from the other party.

Article 5 Confidentiality

1.    Unless there is a legal or professional obligation to disclose, Hole 18 Golf Course Photography is obliged to maintain confidentiality towards third parties of the information, data and documents provided to it by the client.

2.    Hole 18 Golf Course Photography is not entitled to use the information made available to it by the client for a purpose other than that for which it was obtained. An exception is made in the event that Hole 18 Golf Course Photography acts on its own behalf in disciplinary, civil or criminal proceedings in which this information may be important.

3.    Hole 18 Golf Course Photography will impose its obligations under this article on third parties engaged by it.

Article 6 Intellectual property

1.    Photos taken by Hole 18 Golf Course Photography remain the property of Hole 18.

2.    Hole 18 has the right to make photos available to other parties for the right of use or to sell them (commercially or otherwise).

3.    Hole 18 has the right to use the photos for its own use.

4.    When obtaining the photos, the client also receives the right of use and may use the photos without restriction for any purpose within the golf club.

5.    The client may not resell, distribute or otherwise use the photos externally in any way without permission from Hole 18.

6. Photos are made available to the client for 3 years. This person may use the photos indefinitely for three years. After that, the right of use expires.

Article 7 Fees and rates

1.    The fee for Hole 18 Golf Course Photography is not dependent on the outcome of the assignment.

2.    Rates charged by Hole 18 Golf Course Photography are fixed hourly, call or half-day rates or subscriptions.

3.    Nevertheless, Hole 18 Golf Course Photography reserves the right to make interim rate adjustments. These rate adjustments will always be implemented as of January 1 of a calendar year and will be communicated to the client in writing.

4.    If Hole 18 Golf Course Photography makes significant rate adjustments in a longer-term agreement, the client has the right to cancel this agreement. Hole 18 Golf Course Photography must be notified of such a case in writing within 30 days.

Article 8 Payment

1.    Subscriptions and assignments are invoiced in advance. Travel costs and additional costs will be charged afterwards if they deviate from the travel costs agreed in the subscription.

2.    Payment by the client must be made within the agreed period, without deduction, discount or debt settlement, but in no case later than 14 days after the invoice date. Payment must be made in Dutch currency by means of a deposit in favor of a bank account to be designated by Hole 18 Golfbaan Photography.

3.    If the client has not paid within the period referred to in 8.2, Hole 18 Golf Course Photography is entitled to pay after having reminded the client at least once, without further notice of default and without prejudice to the other rights of Hole 18 Golf Course Photography from 14 days after the client's invoice date. to charge the statutory interest on an outstanding amount including VAT until the date of full payment.

4.    If payment is not made on time, Hole 18 Golf Course Photography is free to hand over the claim for collection. All reasonable judicial and extrajudicial (collection) costs incurred by Hole 18 Golf Course Photography as a result of the client's failure to comply with its payment obligations will be borne by the client. This will always include the costs of collection agencies, as well as the costs and wages of bailiffs and lawyers, even if these exceed the legal costs to be allocated. In any case, in the event of late payments for extrajudicial collection costs, an amount of 15% of the amount due will be due.

5.    If, in the opinion of Hole 18 Golf Course Photography, the financial position or payment behavior of the client gives reason to do so, Hole 18 Golf Course Photography is entitled to require the client to immediately provide (additional) security in a manner to be determined by Hole 18 Golf Course Photography. form. If the client fails to provide the required security, Hole 18 Golf Course Photography is entitled, without prejudice to its other rights, to immediately suspend further execution of the agreement and everything that the Client owes to Hole 18 Golf Course Photography by law is immediately due and payable.

6.    In the case of a jointly given assignment, clients are jointly and severally liable for payment of the invoice amount, insofar as the work has been carried out for the benefit of the joint clients.

Article 9 Termination

1.    Assignments can be terminated prematurely if one of the parties is of the opinion that the work does not have the desired useful effect. In that case, a notice period of one period will be applied to both parties. Early termination of the assignment will only take place when it has become apparent that the solution to existing problems is impossible.

2.    If the termination is given by the client, Hole 18 Golf Course Photography is entitled to continued payment of the fee over one period, except in the event of serious shortcomings after the end of the assignment. The fee to be reimbursed for the period in question will be related to the fee that was owed prior to the end date of the assignment for an equal period if this had already elapsed, and for the actual period that had elapsed if this was shorter.

3.    If one of the parties applies for suspension of payments or goes bankrupt, is placed under guardianship or otherwise loses the power to dispose of its assets or parts thereof, the other party has the right to declare the concluded agreement dissolved by written statement or (at its option) ) to suspend the fulfillment of its obligations. All payments due from the party entitled to termination will then become immediately due and payable. Furthermore, the rights regarding non-compliance with the obligations remain fully reserved to the party in question.

4.    Termination must be communicated to the co-party in writing.

Article 10 Complaints

1.    Complaints regarding the work performed and/or the invoice amount must be submitted in writing within 60 days of the date of dispatch of the documents or information about which the client is complaining, or within 60 days after the discovery of the defect if the client demonstrates that he could not reasonably have discovered the defect earlier. discover, to be made known to Hole 18 Golf Course photography.

2.    Complaints as referred to in the first paragraph do not suspend the client's payment obligations.

3.    In the event of a justified complaint, Hole 18 Golf Course Photography has the choice between adjusting the fee charged, improving or re-performing the rejected work free of charge or partially not (or no longer) executing the assignment in return for a refund in proportion to the amount incurred by client has already paid the fee.

Article 11 Liability

1.    Hole 18 Golf Course Photography undertakes to carry out the given assignment to the best of its knowledge and ability and to observe the care that can be expected of a trainer/advisor. If an error is made because the client has provided incorrect or incomplete information, Hole 18 Golf Course Photography is not responsible for any damage caused.

2.    Hole 18 Golf Course Photography is only liable to the client for damage resulting from demonstrable serious shortcomings, insofar as these could have been avoided if care, expertise and craftsmanship, on which the given assignment situation could be expected, had been observed.

3.    Hole 18 Golf Course Photography accepts no liability for physical and/or psychological adverse consequences for the participants of the services and/or products provided by Hole 18 Golf Course Photography, except for legally established liability.

4.    Hole 18 Golf Course Photography accepts liability towards the client for damage arising as a result of a shortcoming attributable to Hole 18 Golf Course Photography in the execution of the agreement or due to tort, but only if this is covered by its liability insurance and insofar as the insurer is able to pay out. passes.

5.    Except for the cases referred to in paragraph 2, liability is limited to the amount charged for the performance causing the damage, or, if it concerns a continuing performance agreement, to the invoice amount over a period of 3 (three) months. Under no circumstances will the compensation amount to more than Euro 5,000 .

Article 12 Expiration period

1.    Unless otherwise stated in these general terms and conditions, the client's right of action and other powers against Hole 18 Golf Course Photography in connection with the performance of work by Hole 18 Golf Course Photography will in any case expire after one year after the moment at which the client became aware or could reasonably have been aware of the existence of this right and powers.

Article 13 Applicable law and competent court

1.    These provisions and acceptance conditions: apply from the signed quotation date; apply to all orders given to us after this date; apply until changes to these provisions for new orders are indicated in writing by us; and we will send this to our clients in writing at the latest at the same time as our first invoicing.

2.    Dutch law applies to every agreement between Hole 18 Golf Course Photography and a client.

3.    Disputes arising from agreements to which these conditions apply and which do not fall within the jurisdiction of the subdistrict court, will be submitted to the competent court in the place where Hole 18 Golf Course Photography is established.