The terms and conditions
are as follows:
Bon Voyage Media/Voyage Films/Voyage Creatives, located at Commandeursstraat 15, Nes Ameland Registered at the Kamer van Koophandel in Leeuwarden under number 90848438.
Service: All activities, in any form, that Bon Voyage Media has performed for or on behalf of the Counterparty.
Fee: The financial compensation agreed upon with the Counterparty for the execution of the assignment.
Assignment: The agreement for the provision of services.
Agreement: Any agreement concluded between Bon Voyage Media and the counterparty.
Product: All items that are the subject of the agreement concluded between the Counterparty and Bon Voyage Media.
Counterparty: The person who has accepted these general terms and conditions, purchased the product and/or instructed the performance of the service.
Sphere of application
These General Terms and Conditions apply to all offers, collaborations, quotations, and agreements concluded between Bon Voyage Media and the Counterparty, unless the parties have expressly deviated from these General Terms and Conditions in writing.
These General Terms and Conditions also apply to agreements with Bon Voyage Media that require the involvement of third parties.
The applicability of any purchasing or other general terms and conditions of the Counterparty is explicitly rejected.
If it is found that one or more provisions in these General Terms and Conditions are null and void or voidable, the General Terms and Conditions will remain in force for all other matters. In this case, Voyage Films and the Counterparty will consult with each other with the aim of agreeing on new provisions to replace the null or voided provisions.
Deviation from the Agreement and General Terms and Conditions is only valid if agreed upon in writing and expressly with Bon Voyage Media.
Quotations
Quotations are preferably made in writing and/or electronically, unless urgent circumstances make this impossible.
All quotations from Bon Voyage Media are non-binding, unless the quotation states a deadline for acceptance. If a deadline for acceptance is stated in the quotation, the quotation expires when this deadline has passed.
Bon Voyage Media cannot be held to its quotations if, based on reasonableness and fairness and the prevailing customs in society, the Counterparty should have understood that the quotation or part thereof contained an obvious mistake or error.
If the acceptance, even on minor points, deviates from the offer included in the quotation, Bon Voyage Media is not bound by it. The Agreement is not concluded in accordance with this deviating acceptance, unless Bon Voyage Media indicates otherwise.
A composite quotation does not oblige Bon Voyage Media to deliver part of the items included in the quotation or to perform a part of the Assignment at a corresponding part of the stated price.
Quotations do not automatically apply to future orders or reorders.
Some quotations may state that it includes an All-in quotation. With All-in quotations, Bon Voyage Media refers to the fact that these quotations include the basic (post)production without additional costs for that project (including 3 revisions for video projects). This includes:
Photography productions:
Preparations (planning and arranging the production),
Shoot (up to a maximum of 2 hours beyond the agreed time, additional costs apply thereafter),
Basic color editing (brightness, colors, etc.),
Basic Photoshop (simple retouching),
Unlimited choice of photos,
Digital delivery of end results.
Video productions:
Preparations (planning and arranging the production),
Shooting day(s) (up to a maximum of 2 hours beyond the agreed time, additional costs apply thereafter),
Video editing (including 3 revisions),
Color editing, audio mix & (on request) subtitles,
Digital delivery of end results.
Conclusion of the Agreement
The Agreement is concluded by the Counterparty's acceptance of Bon Voyage Media' quotation. Both written and/or verbal acceptance can be declared binding.
Duration of the Agreement
The Agreement is entered into for an indefinite period, unless the nature of the Agreement dictates otherwise or the parties expressly agree otherwise in writing.
Termination of the Agreement
Both parties can terminate the Agreement by giving notice in writing, observing a notice period of one month, unless otherwise agreed upon in the Agreement.
Either party has the right to dissolve the Agreement with immediate effect in writing if:
the other party commits a breach of the Agreement and, after being given written notice of default, fails to remedy the breach within a reasonable period of time;
the other party applies for a suspension of payments or is granted a suspension of payments;
the other party applies for its own bankruptcy or is declared bankrupt;
the other party's business is liquidated or terminated for any reason other than reconstruction or merger of companies;
a substantial part of the other party's assets are attached or seized and the attachment or seizure is not lifted within a reasonable period of time.
Payment
Payment must be made in the currency stated on the invoice, within 14 days of the invoice date, unless otherwise agreed upon in writing.
In case of late payment, the Counterparty will be in default by operation of law and will owe statutory interest on the outstanding amount. All (extra-)judicial costs incurred by Bon Voyage Media to collect the amount owed will be borne by the Counterparty.
Bon Voyage Media is entitled to suspend the performance of its obligations under the Agreement until the Counterparty has fulfilled its payment obligations in full.
Liability
Bon Voyage Media' liability towards the Counterparty is limited to the amount that is covered by its liability insurance, plus the deductible under that insurance policy, if applicable.
If, for any reason, the insurance does not cover any damage, or if the damage is not covered by insurance, Bon Voyage Media' liability is limited to the amount of the fee charged for the Assignment.
Bon Voyage Media is not liable for indirect damage, including but not limited to consequential damage, loss of profit, missed savings, and damage due to business stagnation.
Force Majeure
If Bon Voyage Media is unable to fulfill its obligations under the Agreement due to force majeure, the fulfillment of those obligations will be suspended for the duration of the force majeure.
Force majeure is understood to mean any circumstance beyond 'Bon Voyage Media' control that prevents the fulfillment of its obligations under the Agreement, in whole or in part, or makes the fulfillment unreasonably onerous. This includes, but is not limited to, strikes, natural disasters, terrorist attacks, government measures, and power failures.
Applicable Law and Disputes
The Agreement and these General Terms and Conditions are governed by Dutch law.
Any disputes arising from the Agreement or these General Terms and Conditions will be submitted to the competent court in the district where Bon Voyage Media is established, unless mandatory law designates a different court as competent.