TERMS AND CONDITIONS


1. APPLICABILITY

1.1 These conditions apply to all quotations and invoices issued by Horse Logistics Center, as well as to all reservations made by the customer and to all agreements between Horse Logistics Center on the one hand and the customer on the other, insofar as they have not been expressly deviated from in writing.

1.2 These conditions always take precedence over the conditions emanating from another contracting party or a third party, unless, and only to the extent, expressly agreed otherwise between the parties. If preference is given in writing to the customer's conditions or to special conditions stated in the quotation or agreement, the following conditions will continue to apply in a supplementary manner.

1.3 If the customer has the facilities provided by Horse Logistics Center used and/or used by third parties such as family members, relatives, friends, acquaintances or employees or also by those third parties, the customer is fully responsible and liable for all consequences thereof. The customer is responsible for strict compliance by those third parties with the obligations that the customer has under the agreement, these general terms and conditions and the law.


2. PRICES – QUOTES – RESERVATIONS

2.1 Our price quotes are without obligation and have an expressly specified period of validity. After the validity period has expired, Horse Logistics Center has the right to adjust its quotation.

2.2 The quotation is drawn up on the basis of the information provided to Horse Logistics Center by the customer. Horse Logistics Center is not responsible for the correctness of this data.

2.3 Any order that has not been the subject of a written quotation from Horse Logistics Center is only binding for Horse Logistics Center if it has been accepted in writing by Horse Logistics Center. All quotations, orders or reservations made by or placed with representatives or intermediaries of whatever name only acquire binding force after they have been confirmed in writing by the manager of Horse Logistics Center or his authorized representative. The order or reservation made cannot be changed unless a written agreement has been reached between Horse Logistics Center and the customer.

2.4 The provision of price lists or technical data by Horse Logistics Center is for information purposes only and without any obligation. The technical information stated on the order form (including the price and technical specifications) takes precedence over all other information, whether promotional or not.

2.5 The prices are stated in euros and are always exclusive of VAT. Any increase in the VAT rate or other tax of any kind between the order and its execution will be borne by the customer.

 

3. ADVANCE

3.1 Reservations for the rental of stables are only final on the condition that they have been confirmed in writing by Horse Logistics Center, and on the condition that the customer has paid a deposit of 20% of the agreed price.

3.2 Reservations for VIP packages are only final when they have been confirmed in writing by Horse Logistics Center and when the customer has paid a deposit of 10% of the agreed price.

3.3 The advances paid by the customer will be deducted from the total amount of the invoice.


4. CANCELLATION

4.1 Cancellation of the order/reservation/agreement by the customer is possible. Cancellation is only valid if made in writing.

4.2 Valid cancellation by the customer of an agreement regarding the organization of an event is free of charge up to 6 months before the start date of the event. In case of cancellation from 6 months before the start date of the event, the customer is liable to pay a cancellation fee. This compensation is calculated as a percentage based on the price agreed between the parties. The compensation varies depending on the time of cancellation as follows: - From 6 months to 3 months before the start date of the event: 30%; - From 3 months to 1 month before the start date of the event: 50%; - From 1 month before the start date of the event: 100%.

4.3 Valid cancellation on the part of a reservation for the rental of stables is free of charge up to 3 months before the start date of the rental agreement. If you cancel from 3 months before the start date of the rental agreement, the customer is liable to pay a cancellation fee. This compensation is calculated as a percentage based on the price agreed between the parties. The compensation varies depending on the time of cancellation as follows: - From 3 months to 1 month before the start date of the rental agreement: 30%; - From 1 month to 14 days before the start date of the rental agreement: 50%; - From 14 days before the start date of the rental agreement: 100%.

4.4 Valid cancellation by the customer of a reservation for a VIP package is free of charge up to 1 month before the start date of the event for which the VIP package was reserved. If you cancel from 1 month before the start date of the event, the customer is liable to pay a cancellation fee. This compensation is calculated as a percentage based on the price agreed between the parties. The compensation varies depending on the time of cancellation as follows: - From 1 month to 14 days before the start date of the event: 30%; - From 14 days to 7 days before the start date of the event: 50%; - From 7 days before the start date of the event: 100%.

4.5 If an advance has been paid by the customer, this will be refunded in the event of free cancellation in accordance with the provisions of 3.2, 3.3 and 3.4. If a cancellation fee is due in accordance with the provisions under 3.2, 3.3 and 3.4, the advance paid by the customer will be offset against the cancellation fee payable.

4.6 Regardless of the time of cancellation and whether or not the cancellation fee is payable, Horse Logistics Center reserves the right to reimbursement of the special preparation costs incurred at the time of cancellation or other costs for the purpose of the agreement.


5. LIABILITY

5.1 The customer with whom Horse Logistics Center has concluded one or more agreements, as well as anyone who is on the grounds of Horse Logistics Center and anyone who stables, rides, guides or trains a horse there:

1. Do this entirely at your own risk. If he/she or the horse causes damage to persons, animals or property, neither Horse Logistics Center nor its employees are liable. Horse Logistics Center or its employees cannot under any circumstances be considered custodians of the horse. Nor is Horse Logistics Center or its employees liable for damage, loss or theft of property.

2. Indemnifies Horse Logistics Center and employees against claims by third parties.

3. Ensure that you have adequate legal liability insurance, fire insurance, theft insurance and accident/health insurance. Insures himself, as well as his/her possessions and property such as horse and harness. These matters are not covered by Horse Logistics Center's insurance policy.

4. Is liable in accordance with Article 1385 of the Dutch Civil Code for all damage that his/her horse causes to the accommodation or to the property of Horse Logistics Center and for all damage caused to third parties.

5.2 Horse Logistics Center is not liable for damage to the customer or third parties, or property of the customer or third parties caused during events, training, courses or other activities organized by customers or third parties on the grounds of Horse Logistics Center. The organizer of these events, training, courses and other activities is responsible for this damage.

5.3 Horse Logistics Center cannot be held liable for the consequences of a minor and/or ordinary error on its part and/or its employees. Horse Logistics Center is only liable in the event of serious error and/or intent.

5.4 The liability of Horse Logistics Center is in any case limited to the amount included in the agreement concluded between the parties. Furthermore, it can only be held responsible for damage directly caused by the services and/or materials provided.


6. PAYMENT

6.1 Unless expressly agreed otherwise, all invoices are payable in cash at the registered office of Horse Logistics Center.

6.2 Any dispute regarding the invoice sent must be communicated to Horse Logistics Center in writing within five working days of the invoice date. Failing this, there is an irrefutable presumption that the invoice was accepted.

6.3 Any invoice not paid on the due date will be increased automatically and without prior notice of default with a conventional default interest, which is equal to the interest rate as determined in Article 5 of the Payment Arrears Act of 02.08.2002, and which will amount to a minimum of 12% . Furthermore, in the event of non-payment on the due date, the invoice amount will be increased by 10% by operation of law and without prior notice of default as a lump sum compensation.

6.4 Regardless of the interest and compensation stated under 6.3, Horse Logistics Center reserves the right to claim higher compensation provided there is proof of higher actual damage suffered.

6.5 If the customer fails to make the agreed payments, even if they concern partial payments, Horse Logistics Center is also entitled to suspend its performance until the customer has fully fulfilled his payment obligation. The suspension cannot give rise to any compensation from the customer.

6.6 Late payment of one invoice means that other invoices, for which a payment term has been granted, where appropriate, become suddenly due and payable, without notice of default.


7. APPLICABLE LAW

7.1 Only Belgian law applies to disputes between the parties. This is with the express exclusion of the application of the Vienna Sales Convention.

7.2 All disputes of any nature, including disputes regarding the application and interpretation of these general terms and conditions, fall under the exclusive jurisdiction of the courts of the judicial district of East Flanders, Ghent department.


8. SPECIAL PROVISION RELATING TO CONSUMERS

8.1 The special conditions stated below - as well as the conditions mentioned above, but only to the extent that they are not expressly deviated from hereinafter - only apply to customers for whom the goods and/or services delivered under the current agreement are not related to the operation of a business or with the exercise of any independent activity on behalf of the customer.

8.2 The following provisions do not apply: Article 2.1, Article 5.3, Article 6.3 and Article 7.2.

8.3 Notwithstanding Article 5.3, default interest at a rate of the statutory interest rate is due for every invoice not paid by the due date from the date of registered notice of default.

8.4 Notwithstanding Article 7.2, the jurisdiction of the court is determined as follows:

a. Horse Logistics Center can only be sued before the court of the place where the registered office is located.

b. in all other cases of dispute, the court of the place where the agreement originated or where it is, is or is to be performed or the court of the customer's place of residence, at the option of Horse Logistics Center.

c. This provision also applies to agreements with legal subjects of the EU