Terms & Conditions

Terms & Conditions Loes op Locatie

Article 1. Applicability

These conditions apply to all agreements concluded between the client and Loes op Locatie, whereby Loes op Locatie mediates for the use of locations unless agreed otherwise in writing.

The following applies:

--- The owner of the location retains control over the real estate property at all times and is present at the location during the provision.

--- Loes op Locatie explicitly rejects the conditions used by the client, insofar as these are different.

Article 2. Insurance and deposit

--- The Client declares that it has taken out a (location) insurance policy (which may be requested, if necessary) to cover any possible damage to the location.

--- The owner of the location and/or Loes op Locatie cannot be held liable in any way for damage, loss, theft, bodily injury or death of any person on site which directly or indirectly result from the activities performed by the client at the location.

--- The client is liable for all actions of all persons entering the location under the agreement.

--- Loes op Locatie reserves the right to demand an (additional) security deposit in advance.

--- If during the production any damage occurs to the location or the stuff present, the client must immediately report this to the owner of the location and to Loes op Locatie. The client is responsible for repairing this damage or having it repaired within 14 days after the end of production. If the insurance coverage is not sufficient, the damage will need to be paid by the client. 

--- Damage discovered afterwards by the owner of the location must be reported to Loes op Locatie within 24 hours.

--- All costs incurred by Loes op Locatie in connection with damage caused by the Client to the objects of the Property Owner, including administrative overheads, third party expenses, etc., shall be at the expense of the Client and payable upon demand.

Article 3. Times on the set

For photography, locations can be booked for:

--- Half a day: 4.5 consecutive working hours, to start before 10 a.m. or after 1 p.m.

--- A full day: 9 consecutive working hours, to start before 10:00.

For the recording of motion pictures, locations can be booked for:

--- Half a day: 5 consecutive working hours, to start before 9 am or after 1 pm.

--- A full day: 10 consecutive working hours, to start before 09:00.

In the event of a delay, a part of an hour counts as an hour. The working time starts on the arrival of the first person of the production team at the location and ends on the departure of the last person.

Article 4. Rules while using the location

While using a location, the general house rules of Loes op Locatie apply. Any additions to the general house rules are included in the booking confirmation. If the client wants to deviate from the house rules, this must be agreed in advance and included in the booking confirmation. We ask you to familiarize yourself well with these rules and to respect them. After all, many of the locations are the private homes of the property owners.

The house rules:

--- Smoking on site is not allowed unless explicitly agreed otherwise with the owner of the location.

--- Do not use the cutlery, table dishes, cooking utensils, food and drinks available on site.

--- The location should be left as it was found: clean and tidy. All the waste must be removed and items must be returned to their original location. If the location is not left clean, Loes op Location reserves the right to charge additional cleaning costs.

--- Do not use any music systems, TV, telephone or computers present at the location

--- The swimming pool, fireplace and kitchen facilities can only be used when this has been agreed in advance.

--- Do not use the beds, towels, linens, or bedsheets unless otherwise agreed.

--- It is not allowed to bring pets or animals to the location without permission has by the owner of the location.

--- Inconvenience caused in the neighborhood: In the event that a production can cause inconvenience for the neighbors of a location, the client must inform the neighbors concerned at least 48 hours in advance by letter with the expected inconvenience. This letter must state the start time, expected end time, contact details and parking arrangements. As a rule, the more information the better!

--- If applicable: The client must ensure that he has the correct permits.

--- If these rules are broken, a fine can be imposed by Loes op Locatie of 100 euros per violation without notice of default being required.

Article 5. Cancellations, options and weather dependent bookings

Cancellations

One-day bookings can be canceled free of charge up to 48 hours before the booked period. In the case of multi-day bookings, the deadline for cancellation must be the same as the period for which the booking was made. In other words: A booking for 2 days can be canceled free of charge up to 2 days in advance and a 5 day booking must be canceled at least 5 days in advance. In case of a later cancellation, 50% of the agreed fee is due to pay. In case of cancellation or a "no show" on the day for which the booking has been made, the entire agreed fee is due.

Options

The client can take an option on a location and time. The option must be converted into a final booking at least 48 hours in advance. If the provisional booking is not converted in time, it will automatically be canceled. 

Weather dependent bookings

Loes op Locatie offers clients the opportunity to make a so-called "good weather booking". This must be explicitly stated on the booking confirmation and implies that the booking will only take effect if the weather is of a particular type stated in the booking confirmation. If this weather type is not forthcoming, the client can move the booking twice to an agreed time at no additional cost. If there is still no mention of the named weather type after this, the client will owe the agreed fee in full.

Article 6. Agency fee

Loes op Locatie charges a commission percentage of 20% of the usage fee of the location and applicable surcharges. All mentioned fees and surcharges are excluding the agency fee and VAT.

Article 7.  Location usage fee

The usage fee for the non-exclusive use of a location is determined by Loes op Locatie prior to the production. This is clearly stated on the booking confirmation.

The amount of the fee is determined by the rate group of the location and the purpose of the use of the location. For the purpose of use, a distinction is made between:

--- Photography: 1) Editorial or 2) Commercial

--- Film: 1) Television drama, 2) Television reality / show, 3) Company video, 4) Commercials r 5) Feature film 6) Online video

--- Different use of the location: This price will be decided in consultation with the owner of the location.

Article 8. Surcharges

In addition to the usage fee, surcharges may apply. Surcharges shall apply in the following cases:

--- Using the kitchen for a culinary production

--- An attendance, at any time, of more than 10 people, acting on behalf of the Client, at the location

--- Overtime: for photography after 9 hours and for film/video after 10 hours. In the case of overtime, part of an hour will be calculated as an hour.

--- Remaining goods and/or equipment at the location overnight

--- Not leaving the location clean and tidy

--- The manufacture of special promotional material, such as showcards, billboards, bus shelter posters, placards, posters, displays, packaging or any other material

--- Using the images for more than 1 purpose, 1 country, 1 medium or 1 subject

Reduced fees may apply for assembling, dismantling, and dressing a location. It is also possible to differ from the general usage fee of the location if the images are used outside of the Netherlands or if exclusivity is stipulated.

If a surcharge is payable per calendar month or another period, the client must pay the entire applicable surcharge, even if the facility or material is not used throughout the entire term.

Article 9. Payments

Loes op Locatie shall invoice the client for the amount due. The amount due must be paid within 14 days of the invoice date by transfer to the bank account of Loes op Locatie. We kindly request you to pay on time. The location owner will only receive payment once we have received it from you.

With regard to the payment of invoices, the following applies:

--- In the event of late payment, a default interest is due on the principal of the concerning invoice of 1% per month. Part of a month is counted as one full month.

--- All costs incurred by Loes op Locatie by obtaining the payment, either in or out of court, including any attorneys' fees, will be for the client's account. The aforementioned extrajudicial costs amount to at least 15% of the amount to be claimed, with a minimum of â?¬ 300.

--- The client remains liable for the payment of the invoice, even if it has been submitted to a third party at his request. Loes op Locatie has the right to suspend its performance as soon as and as long as the client is, or remains, negligent, to meet any due and payable payment obligation.

--- If the client has not submitted a written and motivated complaint within 8 days of the invoice date, he is deemed to fully agree with the content of the invoice received. The client is not entitled to suspend his obligations on the basis of any complaints.

--- The client is not entitled to any settlement of fees owed to Loes op Locatie.

Article 10. Use of the visual material

The client is entitled to use the images obtained at the location as follows:

Photography (stills):

The images may be used for the pre-agreed purpose during the period of 1 year. The following restrictions apply unless otherwise agreed in advance.

--- Editorial use: one time only in the editorial columns of 1 title (magazine);

--- Advertorial use: per advertorial 3 placements are allowed in a magazine combined with one offer from a manufacturer for eg recruiting or product promotion;

--- Commercial Use: For one year when used in an advertisement or a brochure in limited edition.

Film:

The footage may be used for one country, one pre-agreed purpose, and one year. For television drama, the images may only be used for the episode for which it was recorded.

Repetitions of the episode must be broadcast within 12 months after the production.

If the location, or the images obtained, are used in any other way than agreed beforehand, this is a violation of the rights of the property owner/owner, which results in an obligation to pay compensation. This compensation is at least 200% of the invoice amount.

The client is also obliged to agree with third parties involved in the production (such as photographers and filmmakers) that the collected images and the location are not used in any other way than agreed with the property owner/owner and Loes op Locatie. The client indemnifies Loes op Locatie expressively and completely against claims from the property owner/owner and must reimburse all costs of legal assistance to Loes op Locatie.

Article 11. Expansion of use of visual material

If you want to use the obtained visual material for a longer period or for another purpose, you must contact Loes op Locatie. A separate agreement is then concluded for this. Without written permission from Loes op Locatie, it is not permitted to use the images obtained at the location for any other purpose or for a longer period than agreed upon. The client has a reporting obligation to Loes op Locatie for every intended change in the use of the material which implies a change in the agreement.

Agreements with third parties

IIf the client enters into agreements with third parties regarding the use of the above-mentioned (visual) material, the duration of such use may never exceed the duration of the agreement concluded by the client with Loes op Locatie and the property owner, except with the prior written permission of Loes op Locatie. In addition, the client shall inform the third parties regarding the agreed and permitted use of the (visual) materials and the client shall ensure that the use made by the third party corresponds therewith.

Article 12 Contact

clients are under no circumstances allowed to contact location owners directly. For questions or future bookings, you can also contact Loes op Locatie outside office hours.

Article 13 Photos of the location

Loes op Locatie cannot guarantee that the photos with which a location is presented exactly correspond to the current situation: Gardens change with the seasons and furniture is bought and sold, some locations are styled for the benefit of the photos, etc. Location owners keep us updated about major changes (renovations and/or new colors on the walls), however Loes op Locatie can in no way be held liable in the event that the situation at the location at the time of booking is different from the photos presented in advance. The client has the opportunity to visit a location at any time before the booking is confirmed.

Article 14. Liability and confidentiality

Except in case of an intentional act or gross negligence on its part, Loes op Locatie may not, under any circumstances, be held liable, with respect to the client, for any possible damage or (additional) costs incurred by the client as a result of the occurrence of circumstances which in any way restrict or make it impossible to use the location, or if the property owner does not provide the location (any longer) for any reason. If and insofar as Loes op Locatie may be held liable in court for any damage in this matter, its liability shall at all times be limited to the total amounts paid for the assignment or, if the insurer of Loes op Locatie covers the damage, the sum paid out. Loes op Locatie is not liable if the location booked by the client has been used earlier or shall be used later by a party which may be regarded as a competitor. The latter circumstance does not release the client from its obligation to pay the fee due.

In the event of cancellation by the property owner, Loes op Locatie will make an effort to provide a comparable location for the client. However, Loes op Locatie will never be liable for any costs and damage, for example as a result of the fact that Loes op Locatie does not succeed or that the client does not agree with the replacement location.

Loes op Locatie is not liable for the consequences of actions by the property owner.

The parties undertake to maintain the secrecy of facts and circumstances of a confidential nature which comes to the knowledge of the other party in the context of the assignment, unless disclosure is essential for the conduct of a legal proceeding (either as claimant or as respondent).

Article 15. Disputes and choice of law

--- In case of any objections or remarks about the location, the client must inform Loes op Location as soon as possible, stating the reasons. Without such immediate notification, the agreed work will be deemed to have been performed to the full satisfaction of the client. In all cases, the deadline will be 8 days after the invoice date (see also article 9: Payments).

--- All disputes, arising from a booking at Loes op Locatie that cannot be settled amicably, will be submitted in the first instance for exclusive assessment to the district court in Rotterdam, without prejudice to the right of Loes op Locatie to summon the respondent before the judge in preliminary relief proceedings in its district.

--- Dutch law applies to the terms and conditions of Loes op Locatie.