Terms and conditions

Article 1. Definitions

In these terms and conditions the following definitions apply:

• Lessor: huurjepartytent.nl, a trading name of Halftien VOF, established in the Netherlands and registered with the Dutch Chamber of Commerce under the number stated on the website.
• Renter: any natural person aged at least 18 or legal entity who places a booking or enters into an agreement via the huurjepartytent.nl website.
• Parties: lessor and renter jointly.
• Rented items: all party tents, cocktail tables, beer tables and other rental materials made available by the lessor.
• Rental period: the agreed period from the moment the rented items are delivered or collected until the moment the rented items have been collected by the lessor, or returned by the renter, in accordance with the arrangements made.
• Agreement: the agreement between renter and lessor which comes into effect once the booking has been paid successfully and confirmed by the lessor by email.

Article 2. Applicability

1. These terms and conditions apply to every booking, agreement, delivery and service of huurjepartytent.nl.
2. By placing a booking the renter declares to agree and comply with these terms and conditions.
3. Deviations from these terms and conditions are only valid if they have been confirmed in advance in writing or by email by the lessor.
4. Terms and conditions of the renter expressly do not apply, unless the lessor has accepted them in writing or by email.

Article 3. Booking and agreement

1. Bookings are placed via the huurjepartytent.nl website.
2. While booking, the renter sees which rental materials are available and which additional options can be chosen, such as delivery, setup or extra rental materials.
3. All bookings must be paid online immediately via one of the payment methods offered.
4. The agreement comes into effect once:
   • the payment has been completed successfully; and
   • the lessor has confirmed the booking by email.
5. The lessor reserves the right to refuse a booking before the agreement comes into effect in the event of:
   • an obvious pricing, calculation, typing or system error;
   • a technical malfunction;
   • double bookings;
   • incorrect or incomplete details;
   • or other circumstances that make performance reasonably impossible.
6. If a booking cannot be carried out because of a technical malfunction or an administrative error, the lessor will contact the renter as soon as reasonably possible. Where deemed appropriate by the lessor, an equivalent alternative may be offered at the lessor's sole discretion. If no suitable alternative is available, the amount already paid for the part not performed will be refunded within five working days.
7. Obvious writing, typing, pricing, calculation or system errors in the offer on the website or in booking information are not binding on the lessor.
8. Images on the website are for illustration only. Minor differences in colour, brand, design or details do not entitle the renter to dissolve the agreement or to compensation, provided the rented items are suitable for the agreed use.

Article 4. Prices, payment and deposit

1. All prices stated on the website include VAT.
2. Delivery, setup, take-down and additional rental materials can be added as an option while booking. The prices stated for these also include VAT.
3. Payment is made in full in advance when placing the booking.
4. If a deposit applies to a booking, this is clearly stated in advance.
5. The deposit is refunded within five working days after the rented items have been taken back, less any amounts owed.
6. The lessor is entitled to set off the following costs against the deposit, insofar as these costs are for the renter's account:
   • damage;
   • missing items;
   • loss;
   • additional cleaning work;
   • repair costs;
   • late return;
   • or other reasonable costs arising directly from the agreement.
7. If the deposit is insufficient to cover these costs, the renter remains liable for the remaining amount.

Article 5. Changing and cancelling a booking

Changes

1. Up to one week before the start of the rental period, the renter may request a change to the booking by email.
2. This includes, among other things:
   • a larger or smaller tent;
   • extra rental materials;
   • a change of delivery location;
   • a change of rental period;
   • other changes to the existing booking.
3. The lessor assesses whether the requested change can be carried out.
4. Barring force majeure or other circumstances beyond its reasonable control, the lessor responds to the request within 24 hours.
5. A change is only final once it has been confirmed in writing or by email by the lessor.
6. Any price differences must be paid immediately after confirmation of the change.

Cancellation

1. Cancellation is only possible in writing or by email.
2. Cancellation is free of charge up to 48 hours before the start of the rental period.
3. In the event of cancellation within 48 hours before the start of the rental period, the renter owes 50% of the total rental sum.
4. Any refunds are processed within five working days.
5. A cancellation is only final once the lessor has confirmed the cancellation by email.
6. An unfavourable weather forecast, including rain, wind, cold or other normal weather conditions, is not in itself grounds for free cancellation by the renter.
7. If, before the start of the rental period, the lessor reasonably judges on the basis of the current weather conditions that safe delivery, placement or setup of the rented items is not responsible, the lessor may decide to postpone, adjust or not carry out the work.
8. If the situation referred to in the previous paragraph arises, the lessor will contact the renter as soon as possible. The parties will first try to move the booking to another available date.
9. If moving to another date is not possible or not reasonably desirable, the agreement may be terminated for the part not performed. In that case the amount already paid for the part not performed will be refunded within five working days.
10. If the lessor has already incurred demonstrable costs for work that was fully or partly carried out before the decision to postpone or terminate, these costs may only be charged insofar as this is permitted under the agreement and applicable law.
11. In the weather situation referred to in this article, the renter is not entitled to additional compensation or compensation for any indirect and consequential loss.

Article 6. Delivery, collection and setup

1. While booking, the renter can choose:
   • collection;
   • delivery including setup and take-down.
2. Stated delivery and collection times are target times. The lessor will make reasonable efforts to keep to the agreed time as closely as possible.
3. At delivery or collection the renter must be present or appoint an authorised representative.
4. If the renter chooses to collect, the renter determines the desired collection moment within the options indicated by the lessor.
5. The exact collection address is provided to the renter by email after confirmation of the booking.
6. When collecting and returning, the renter must follow the instructions provided by the lessor regarding the location, time and manner of collection and return.
7. Delivery takes place as standard on the ground floor, via a readily accessible route and within a maximum distance of 50 metres from a loading and unloading spot that is suitable and legally permitted for the lessor's vehicle.
8. The renter ensures that:
   • the location is freely accessible;
   • sufficient parking is available;
   • the ground surface is suitable;
   • the lessor can load, unload and set up without hindrance.
9. If extra work is necessary because the location is difficult to reach, the lessor may charge reasonable additional costs for this. Where possible these are discussed with the renter in advance.
10. If the renter chooses to collect the items themselves, the renter is responsible for suitable, safe and lockable transport.
11. If the renter is responsible for setting up and taking down the rented items, the renter ensures this is carried out correctly and in accordance with the instructions provided by the lessor.
12. The renter is responsible for obtaining all necessary permits, permissions or approvals from the owner of the site, the municipality or other competent authorities.
13. If, in the reasonable judgement of the lessor, the location is unsafe, insufficiently accessible or unsuitable for responsible placement, the lessor may refuse, postpone or adjust the delivery or setup.

Article 7. Use of the rented items

1. The renter is obliged to treat the rented items with care and to use them only for their intended purpose.
2. The renter is obliged to follow all setup, use, take-down and safety instructions provided by the lessor fully and properly.
3. The renter uses the rented items as a careful renter and takes all reasonable measures to prevent damage, loss and theft.
4. The rented items may only be used at the location, site given when booking.
5. Without prior permission from the lessor in writing or by email, the renter is not permitted to:
   • move the rented items to another site;
   • sublet the rented items;
   • lend out the rented items;
   • make changes to the rented items;
   • dismantle or remove parts.
6. Open fire is not permitted in or around the tent. This includes, among other things:
   • barbecues;
   • fire baskets;
   • torches;
   • fireworks;
   • candles;
   • gas burners;
   • other open heat sources.
7. Electric heating or lighting may only be used when it is placed safely and cannot cause damage to the tent fabric, frame or other rental materials.
8. It is not permitted to attach screws, nails, staples, tape, glue or other fixing materials to the rented items without prior written permission from the lessor.
9. After the rental period the renter must return the rented items empty, swept clean and dry.
10. If the rented items are not returned swept clean or not empty, the lessor is entitled to charge reasonable cleaning costs.

Article 8. Weather conditions and safety

1. A party tent is a temporary structure and offers no protection against extreme weather conditions.
2. Throughout the rental period the renter is responsible for following the weather forecast and for using the rented items safely.
3. In the event of expected or actual strong wind, heavy gusts, thunderstorms, snowfall, water accumulation or other dangerous weather conditions, the renter must immediately take the necessary safety measures.
4. These safety measures consist at least of:
   • immediately stopping use of the tent if the safety of persons or rented items can no longer be guaranteed;
   • checking that all pegs, ballast blocks, straps and guy ropes are correctly secured;
   • removing snow, water or other heavy loads from the tent roof;
   • removing side walls if this reduces the wind load and this can be done safely;
   • fully taking down the tent if this is necessary to prevent damage or danger to rented items, people around it or to any third party.
5. If the renter does not take the safety measures mentioned in this article, or does not take them in time, and damage arises as a result, the renter is fully liable for this damage, insofar as this damage can be attributed to the renter by law.
6. If, before or during performance of the agreement, the lessor reasonably judges that placement, setup or continued use is not responsible because of the weather conditions, the lessor has the right to postpone, adjust, interrupt or not carry out the work.
7. If the situation referred to in paragraph 6 arises before the start of the rental period, article 5 applies.
8. If dangerous weather conditions occur during the rental period, the renter is obliged to follow reasonable safety instructions from the lessor regarding the safe use, adjustment, decommissioning or taking down of the rented items. If there are no instructions from the lessor, the renter is required to take all reasonable actions which would be appropriate to the weather conditions and situation.

Article 9. Installation, anchoring and safety on site

1. The renter ensures that the location is suitable for safe placement of the rented items.
2. The ground surface must, insofar as relevant for the rented items concerned, be level, firm, clean and sufficiently load-bearing.
3. For safe placement, use may be made of:
   • pegs;
   • ballast blocks;
   • straps;
   • guy ropes;
   • or other fixing materials.
4. The renter declares to be authorised to give permission for the use of these fixing materials.
5. Before the start of the setup, the renter is obliged to inform the lessor about the presence of cables, electricity lines, water pipes, gas pipes, drainage, irrigation systems, sewerage, fibre optics, underfloor heating and other underground or non-visible installations that may be hit or damaged by the use of pegs, ground pins or other fixing materials.
6. Damage arising because the renter provides incorrect or incomplete information is for the renter's account, insofar as this damage can be attributed to the renter by law.
7. Insofar as legally permitted, the lessor is not liable for normal or unavoidable damage to lawn, paving or the ground surface that is directly related to necessary safe anchoring or placement of the rented items.
8. If the lessor judges that safe placement is not possible, the lessor may refuse, postpone or adjust the setup.

Article 10. Safety of visitors and third parties

1. For safe placement, guy ropes, pegs, ballast blocks, straps, cables, power supplies or other fixing and safety materials may be installed around the rented items.
2. The renter is responsible for keeping the safety zone around the rented items clear throughout the rental period.
3. The renter must inform visitors, suppliers and other people present about the presence of guy ropes, pegs, ballast blocks, straps, cables and other fixing or safety materials.
4. Where necessary the renter arranges additional safety measures themselves, such as lighting, marking or barriers.
5. Insofar as legally permitted, the lessor is not liable for death, personal injury, damage or other consequences arising because people trip over, walk into or otherwise come into contact with the rented items or parts of them, including tents, guy ropes, pegs, ballast blocks, straps, cables, cocktail tables, beer tables and other rental materials, and the renter has followed all of the lessor's instructions on safety, unless the damage is the result of a circumstance for which the lessor is liable under mandatory law.

Article 11. Checking the rented items and complaints about defects

1. The renter must check the rented items carefully immediately on receipt.
2. Any visible damage, missing parts or other visible defects must be reported to the lessor by telephone or email immediately, but no later than within four hours of receipt.
3. Once the items have been taken into use, the renter cannot invoke visible defects that could reasonably have been discovered during a careful first check, insofar as this is legally permitted.
4. Hidden defects that were not reasonably visible immediately must be reported to the lessor immediately after discovery but not longer than 24 hours after receipt.
5. The lessor is always given the first opportunity to repair a defect, replace parts or offer another suitable solution. The renter shall not carry out or procure any repair, modification or replacement of the rented items without the lessor's prior written approval.
6. A complaint does not entitle the renter to dissolve the agreement or to suspend payments, unless mandatory law provides otherwise.

Article 12. Damage, loss, theft and insurance

1. From the moment of delivery or collection until the moment the rented items have been collected by the lessor or received back and checked, the renter bears the risk for the rented items, insofar as this risk is for the renter's account under the agreement and the law.
2. The renter is liable for loss, theft, damage, missing items, breakage and any other reduction in value of the rented items, insofar as this is the result of a circumstance that can be attributed to the renter.
3. Damage, loss or theft must be reported to the lessor immediately.
4. In the event of theft or vandalism the renter will, as far as reasonably possible, report this to the police immediately and provide the lessor with a copy of the police report.
5. Repair costs are determined on the basis of the reasonable and actually incurred repair costs.
6. If repair is not possible or not economically justified, the renter owes the reasonable replacement value of the rental item concerned, insofar as legally permitted.
7. Normal wear and tear resulting from careful use is not regarded as damage.
8. The items rented out by the lessor are not insured by the lessor during the rental period against damage, loss or theft. The renter may take out suitable insurance themselves if desired. The risk of loss, theft, destruction or damage to the rented items shall pass to the renter upon delivery and shall remain with the renter until the rented items are returned to and accepted by the lessor.

Article 13. Liability

1. The lessor endeavours to make the rented items available in good condition and suitable for the agreed use and purpose.
2. The lessor is only liable for damage insofar as this damage can be attributed to the lessor under mandatory law. Insofar as legally permitted, the lessor is not liable for damage resulting from circumstances that can be attributed to the renter or to third parties.
3. Insofar as legally permitted, any liability of the lessor is limited to the amount the renter has paid for the booking concerned. Nothing in these terms and conditions shall exclude or limit liability arising from intentional misconduct or gross negligence of the lessor or its personnel, or liability which cannot legally be excluded or limited.
4. Insofar as legally permitted, the lessor is not liable for:
   • indirect damage;
   • consequential loss;
   • business damage;
   • loss of turnover;
   • lost profit;
   • damage as a result of weather conditions;
   • damage arising from incorrect, unsafe or careless use of the rented items;
   • damage arising because safety regulations or instructions have not been followed;
   • damage resulting from acts or omissions of the renter or third parties.
5. The limitations of liability in this article do not apply insofar as they are not permitted under mandatory law.
6. During the rental period the renter is responsible for the safety of visitors and other people present at the location, insofar as this responsibility can be attributed to the renter by law.
7. Insofar as legally permitted, the renter indemnifies the lessor against claims from third parties related to the use of the rented items, unless the damage concerned must be attributed to the lessor under mandatory law.

Article 14. Force majeure

1. Force majeure means any circumstance beyond the reasonable control of the lessor as a result of which performance of the agreement cannot reasonably be required of the lessor, either temporarily or permanently.
2. Circumstances that, depending on the circumstances of the case, may be regarded as force majeure include:
   • extreme weather;
   • storm;
   • heavy snowfall;
   • flooding;
   • fire;
   • theft of rental materials;
   • illness of staff;
   • strikes;
   • traffic congestion;
   • government measures;
   • malfunctions at suppliers;
   • transport problems;
   • technical malfunctions beyond the control of the lessor.
3. During a force majeure situation the obligations of the lessor are suspended for the duration of the force majeure situation.
4. If performance proves permanently impossible, both parties may terminate the agreement.
5. If the agreement is terminated because of force majeure, the renter receives back the amount or its portion already paid insofar as no performance has yet been provided in return. The refund takes place within five working days.
6. Apart from the refund mentioned in the previous paragraph, there is no right to additional compensation for force majeure, insofar as legally permitted.
7. Insofar as a weather situation relates specifically to the safety of delivery, placement or setup of a party tent, article 5 and article 8 also apply.

Article 15. Ownership of the rented items

1. All rental materials remain the property of huurjepartytent.nl at all times.
2. The renter only obtains the right to use the rented items during the agreed rental period.
3. Without prior permission from the lessor in writing or by email, the renter is not permitted to:
   • sell the rented items;
   • pledge them;
   • sublet them;
   • lend them out;
   • make them available to third parties;
   • or dispose of the rented items in any other way.
4. If the rented items are seized or third parties lay claim to them, the renter is obliged to inform the lessor immediately.
5. The renter will give all reasonable cooperation to protect the ownership rights of the lessor.

Article 16. Personal data and privacy

1. The lessor processes personal data in accordance with applicable privacy legislation.
2. The privacy statement of huurjepartytent.nl applies to the processing of personal data.
3. The privacy statement describes, among other things, which personal data are processed, for which purposes they are used, with whom these data may be shared and which rights the renter has.
4. Each party shall keep confidential all non-public commercial information obtained from the other party in connection with the agreement.

Article 17. Evidence and communication

1. All communication between renter and lessor may take place via website (when the order is placed/booked), email, telephone or other digital means of communication offered by the lessor.
2. Electronic communication, booking confirmations and digital proofs of payment have the same legal force as written documents, insofar as legally permitted.
3. The records of the lessor serve as evidence of bookings, payments and arrangements made, subject to evidence to the contrary.
4. The lessor may take photographs of the rented items and the setup only, before delivery, during setup and after collection or return. These photographs may be used as evidence in the event of damage, missing items, theft, defects or other disputes about the condition or use of the rented items.

Article 18. Custom work and special requests

1. Custom work concerns special wishes or specific requirements that fall outside the regular possibilities of the lessor's offer.
2. If the renter has special wishes or specific requirements regarding delivery, setup or performance of the booking, the lessor can be contacted about this in advance and the parties have to agree on these additional specific requirements upfront.
3. The lessor assesses whether a custom request can be carried out.
4. Barring force majeure or other circumstances beyond its reasonable control, the lessor responds to the request within 24 hours.
5. Requests for custom work should preferably be submitted by email as early as possible and no later than one week before the start of the rental period, unless the parties agree otherwise.
6. Any additional work and the associated costs are discussed and should be a subject of additional written agreement with the renter in advance.
7. A custom arrangement is only valid once it has been confirmed in writing or by email by the lessor.
8. A custom arrangement may deviate from the regular possibilities, prices, performance or conditions of the offer, provided this has been clearly agreed with the renter in advance.

Article 19. Complaints

1. The lessor strives for correct performance of every agreement.
2. Complaints about performance of the agreement that do not relate exclusively to visible or hidden defects in the rented items must be reported to the lessor as soon as possible, and no longer than during the rental period, so that the lessor has the opportunity to offer a suitable solution.
3. The lessor will handle a complaint carefully and aims to respond substantively within five working days, unless a longer period is required for conducting the investigation.
4. Submitting a complaint does not suspend the renter's obligations under the agreement, unless mandatory law provides otherwise.

Article 20. Applicable law and disputes

1. Dutch law applies exclusively to all agreements between renter and lessor.
2. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the competent courts of Oost-Brabant, the Netherlands.
3. The parties will make every effort to resolve a dispute by mutual consultation first, before starting legal proceedings.

Article 21. Changes to these terms and conditions

1. The lessor is entitled to amend or supplement these terms and conditions from time to time.
2. Agreements already concluded remain subject to the terms and conditions that applied at the moment the agreement came into effect, unless the parties agree otherwise in writing or the law provides otherwise.
3. The most recent version of the terms and conditions is available via the huurjepartytent.nl website.

Article 22. Final provisions

1. If one or more provisions of these terms and conditions prove to be wholly or partly null, voidable or otherwise invalid, the remaining provisions remain fully in force.
2. In that case the parties will replace the provision concerned with a provision that matches the purpose and intent of the original provision as closely as possible, insofar as legally permitted.
3. In situations not covered by these terms and conditions, the agreement and the applicable statutory rules apply. In doing so the parties will act in accordance with the requirements of reasonableness and fairness.
4. The fact that the lessor does not invoke a provision of these terms and conditions in a particular case does not mean that the lessor waives the right to invoke that provision in a later case.
5. These terms and conditions take effect on the date of publication on the huurjepartytent.nl website and replace all previously published versions.

Article 23. Right of withdrawal

1. For agreements concerning the rental of the rented items for a specific period or on a specific date there is no statutory right of withdrawal, insofar as the law excludes this agreement from the right of withdrawal.
2. The cancellation conditions set out in article 5 therefore apply to cancellations by the renter, insofar as the law does not provide otherwise.