Article 1 | DEFINITIONS
1. Studio Lou Lou, established in Rotterdam, KvK number 87788020, is referred to in these general terms and conditions as landlord.
2. The other party shall be referred to in these general terms and conditions as the tenant.
3. The agreement means the contract of assignment under which the landlord makes a space available to the tenant against payment and under which the general terms and conditions have been declared applicable.
Article 2 | APPLICABILITY OF GENERAL CONDITIONS
1. These conditions apply to all offers, activities, agreements and delivery of services by or on behalf of the landlord to which it has declared these conditions applicable, insofar as these conditions have not been expressly deviated from in writing.
2. The terms and conditions shall also apply to the actions of third parties engaged by the landlord in the context of the assignment.
3. The latest version of these general terms and conditions shall always apply.
4. The applicability of the tenant’s general terms and conditions is explicitly rejected.
5. If one or more provisions of these general terms and conditions should at any time be wholly or partially void or voidable, the remaining provisions of these general terms and conditions shall remain fully applicable.
Article 3 | OFFER AND QUOTE
1. If the offer does not specify an acceptance period, the offer will lapse after 14 calendar days.
2. The Landlord cannot be held to its offer if the Tenant could reasonably understand that the offer, or any part thereof, contains an obvious mistake or slip of the pen.
3. Quotations do not automatically apply to follow-up orders.
4. A booking is only valid when placed through the designated systems.
5. Images of the location are as true as possible to the accommodation. However, no rights can be borrowed from these images. The Lessor is entitled to modify the layout if it deems this necessary.
Article 4 | RATES AND PAYMENTS.
1. The agreement is entered into for a definite period, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
2. Placing a booking creates the obligation to pay. No option can be placed on a date. A date is only definitely reserved after full payment.
3. If more time is desired than previously agreed upon, the tenant must book additional hours. This is only possible if no other reservation has already been made for the extra time required. The landlord can never guarantee that the space can be used outside the initially reserved part of the day.
4. The fees agreed upon when entering into the agreement are based on the price level applicable at that time. The landlord has the right to adjust the fees at any time when changed circumstances demand it. Adjusted rates will be communicated to the lessee as soon as possible.
5. If the tenant is in default or omission in the fulfillment of its obligations, all reasonable costs incurred in obtaining satisfaction out of court shall be borne by the hirer.
Article 5 | Obligations of the tenant
1. The Tenant shall timely share all information with the Landlord relevant to the performance of the assignment.
2. The Tenant guarantees the accuracy, completeness and reliability of the data made available, even if they originate from third parties. The Landlord shall treat the data confidentially.
3. The Tenant shall indemnify the Landlord against any damage arising from failure to comply with the provisions of paragraph 1 of this Article.
4. Guests may never be present on the tenants premises without the landlords supervision, and doors must be locked at all times when leaving the premises.
5. The tenant is obliged to comply with the applicable house rules.
Article 6 | EXECUTION OF THE AGREEMENT
1. Landlord shall perform assignment to the best of its knowledge and ability. Landlord is not liable for not achieving the result that Tenant intended.
2. Studio Lou Lou is located at Oostzeedijk 242 in Rotterdam. This studio is located on the second floor. There is an elevator available.
3. The tenant is responsible for receiving guests, including models, photographers and other persons who will be working with during the time slot. Landlord is not responsible for receiving tenants during the time slot, only at the beginning of the time slot.
4. Only groups with a maximum size of 10 people will be allowed in the studio.
5. The supply of any necessary photographic equipment is the responsibility of the tenant. There is no photographic equipment available.
6. Keys to access the premises will only be provided to the tenant. It is forbidden to give these keys to third parties. Keys must be returned immediately after the rented period in the manner agreed upon.
7. It is forbidden to use flammable items or articles that can lead to damage or pollution of the premises. Also, smoking is not permitted in and around the premises.
8. The tenant is not allowed to use the space for pornographic expressions.
9. Without explicit consent by the landlord, pets are not allowed in the studio. The tenant is allowed, under his own responsibility, to allow children in the studio. If they cause damage, this damage will be charged to the tenant.
10. Coffee and tea are always included in the rent. Tenant is entitled to bring his own food and beverages. There is a refrigerator with freezer available on the 4th floor (236). There is no possibility of catering by the landlord. Tenant is responsible for the desired food and beverages. It is not allowed to consume food and beverages on couches, armchairs or kitchen counters. Only the dining table is intended for this purpose.
11. After the rental period, the tenant must ensure that the room is left (wiped) clean and that the heaters and lights are turned off. If the room is not left clean, the landlord has the right to charge cleaning costs to the lessee.
12. Tenant is aware of the presence of neighbours and is expected not to cause (noise) nuisance. In addition, it is not allowed to place objects in the hall.
13. Tenant, whether or not the person who placed the booking, is responsible for transferring the house rules to all persons who will be present during the booked time slot.
14. If this article is violated, or the house rules are violated, Landlord is entitled to charge a fine equal to the rental fee, unless the costs associated with the violation exceed this amount.
Article 7 | RESERVATION
1. The smallest reservation unit is a daypart of 4 hours (from 09.00-13.00h, 13.00-17.00h, 17.00-21.00).
2. Tenant takes into account the desired preparation and possible run-out of a session when making the reservation. In case of overrun we charge extra costs.
Article 8 | AMENDMENT, CANCELLATION AND TRANSFER
1. Landlord has the right to refuse a booking.
2. In case of force majeure, the landlord is entitled to interrupt, move or cancel the agreement. Force majeure shall be deemed to exist, among other things, if the performance of the agreement is prevented, temporarily or otherwise, by circumstances beyond the Landlord’s reasonable control, such as accidents or fire.
3. If the tenant wishes to cancel the agreement, this can be done up to 72 hours before the reserved time, in which case the tenant will receive a refund of the amount paid. If tenant wishes to cancel less than 72 hours before the reserved time, the amount paid will not be refunded but tenant can choose a new date or transfer the rental to another party free of charge.
4. In case of force majeure, parties may interrupt or move the agreement. There is a case of force majeure if the execution of the agreement is prevented, temporarily or otherwise, by circumstances beyond the reasonable control of the parties. These may include illness, accidents, fire, a pandemic or government measures.
5. In the case of a B2B agreement, the parties are obliged to reschedule the work. The payment obligation remains intact, unless otherwise agreed.
6. If the tenant wishes to move the agreement due to a pandemic, but the government measures do not make continuation of the agreement, whether in modified form or not, the landlord is entitled to charge the costs associated with the move.
7. For relocations not resulting from a force majeure situation, these can take place once free of charge, if a new date and time is agreed immediately.
Article 9 | LIABILITY DAMAGE
1. Landlord is not liable for damages arising from this agreement, unless the damage was caused intentionally or with gross negligence.
2. Access to the premises takes place in principle at the tenant’s own risk. If use of furniture or decoration involves an additional risk, this will be indicated with stickers. Tenant is obliged to handle this with care and bears the risk himself if these rules are not observed.
3. Landlord is not liable for damage caused by assuming incorrect or incomplete information provided by or on behalf of tenant.
4. Landlord is not responsible for acts and actions, including delays, caused by suppliers.
5. Landlord is not responsible for damage, loss or theft of personal belongings within the premises. If tenant leaves belongings overnight, tenant is responsible for this.
6. Landlord cannot be held liable for equipment or network connections not functioning.
7. Tenant is responsible for exceeding the agreed time frame.
8. Tenant is fully responsible for the behavior of the guests he brings along.
9. Hirer is obliged to have a valid third-party insurance.
10. Moving furniture, items and decorative walls is at all times at your own risk.
11. If tenant causes damage to equipment, he is obliged to compensate the assessed value. Damage to the floor can also be charged to the lessee. Landlord is also entitled to charge lost income.
12. In the event that the Landlord owes compensation to the Tenant for causing direct damage, the damage shall not exceed the amount paid out by the liability insurance, or if no payment is made, the amount charged by the Landlord to the Tenant, unless reasonableness and fairness require otherwise.
13. Tenant shall indemnify Landlord against all third party claims related to the services provided by Landlord.
Article 10 | INTELLECTUAL PROPERTY
1. The intellectual property rights to the materials and information provided by the lessor to the tenant are vested with the landlord. The tenant is expressly not allowed to reproduce, disclose or make available to third parties the materials and documentation and information provided without prior permission.
2. By entering into the agreement, the tenant gives the landlord permission to use visual material and brand names for portfolio, own website, advertisements, social media, magazine articles, printed matter, exhibition material and demonstration material, unless prior explicit objection is made. If personal data are visible on these materials, a consent form will be used.
Article 11 | SPECIAL PROVISIONS
1. Both parties are bound to secrecy of all confidential information obtained within the framework of their agreement. Tenant is referred to the privacy statement for more information.
2. Landlord is obliged to exclude tenants or guests who do not comply with the house rules or cause nuisance from the premises.
Article 12 | COMPLAINTS
1. The tenant is obliged to make complaints about invoices and/or the services provided known to the landlord in writing within 7 calendar days after the complaint arose.
2. Lodging a complaint does not suspend the payment obligation.
Article 13 | DISPUTES
1. These general terms and conditions are governed by Dutch law.
2. Parties will only appeal to court after they have made every effort to settle a dispute by mutual agreement.
3. All disputes shall be settled by the competent court in the district in which the landlord is located, unless a legal obligation stipulates otherwise.
4. Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against the lessor and third parties involved shall be 12 months.
