General Terms and Conditions Sports Marketing Services

Article 1 – About

Sport Marketing Services is located at Birnieweg 15, 7418 HH Deventer

Telephone: +31 570 631 999

Article 2 – Definitions

2.1           Client: The client is any natural person acting in a professional capacity or as a company or legal person who concludes or wishes to conclude an agreement with Sports Marketing Services on his own behalf (or also in his capacity as a participant), or on behalf of third parties, or uses or wishes to use arrangements, activities, services or material of Sports Marketing Services.

2.2           Contractor / organizer: Sports Marketing Services (hereinafter referred to as “Team DSM”)  who has undertaken a commitment to the client to perform organisational or executive activities with regard to an event, or who, at the precontractual stage, is prepared to commit to the delivery of such activities.

2.3           Agreement: an agreement between the client and the contractor for the purpose of organising or executing an event.

2.4           Parties: both the client and Team DSM

2.5           Participant: the natural person who actually participates, or makes use of an event

2.6           Supplier: not being the client, is the one who provides goods, services or other services of monetary value to Team DSM

2.7           Event: a service or activity organized by Team DSM, as well as offering facilities, all this in the broadest sense of the word. (a.o. the rental of equipment, arranging transport, accommodation, giving instruction(s) and the supervision of (parts of) a program/activity, the organization of congresses and meetings. Team DSM organizes events of a day part, one-day events (without overnight stay) and multi-day events (if applicable with overnight stay).

2.8           Production date: the (first) day on which the event to be organised or executed by the Team DSM pursuant to an agreement is to take place

2.9           Written: on paper and/or by e-mail

Article 3 – Applicability of conditions

3.1           These general terms and conditions apply to any offer, orders and agreements between Team DSM and the Client, unless the parties expressly agree in writing to deviate from these general terms and conditions. Deviating conditions only apply to the agreement for which the deviation has been agreed. The Client can never invoke these deviating conditions in other (future) agreements with Team DSM.

3.2           The Client agrees to these general terms and conditions by making a (down) payment and/or entering into an agreement with Team DSM and/or actually participating in an event.

3.3           The applicability of the (general) terms and conditions of the Client is expressly excluded by Team DSM.

3.4           Team DSM may unilaterally amend or supplement these general terms and conditions. Changes and/or additions, minor in nature and/or of minor importance, may always be implemented by Team DSM. Changes and/or additions, large in nature and/or demonstrably to the disadvantage of the Client, will be discussed with the Client in advance.

3.5           If one or more provisions of these general terms and conditions are, at any time, partially or completely void or annulled, the remaining provisions shall remain fully applicable. Parties will consult with each other to agree on new provisions to replace the void or annulled provisions. The purpose and scope of the original provisions will be respected as much as possible.

Article 4 – Quotations, agreement and confirmation

4.1           A quotation can be requested by telephone and/or in writing from Team DSM. A proposal always includes a description of the event, including a price indication, if possible time schedules and program descriptions. These proposals are sent to Client as a written quotation.

4.2           All quotations of Team DSM are without obligation and are provided to the Client free of charge, unless stated otherwise.

4.3           The Client can no longer derive any rights from an offer if a service and/or product or a (sub)part thereof, to which the offer relates, is no longer available.

4.4           In case of a composite quotation, Team DSM is not obliged to carry out only part of the offer if the Client accepts only part of the quotation. In a composite quotation, a combination of several services or offers is offered.

4.5           If (additional) conditions are attached to the quotation, Team DSM will explicitly state this in the quotation.

4.6           In case of an obvious error or a mistake in an quotation, Team DSM is not bound to this offer.

4.7           An agreement is concluded after Team DSM accepts the Client’s offer to enter into the agreement. For this, the Client receives a written confirmation from Team DSM. An agreement is valid from the moment the Client has received the written confirmation from Team DSM.

4.8           The Client/participant entering into the agreement, on behalf of a group, is jointly and severally liable for all obligations arising from the agreement.

4.9           The person acting on behalf of the Client is presumed to be authorised and authorised to sign. If at any time this turns out to be different, the person who acts as authorised signatory is jointly and severally liable for all obligations arising from this agreement.

Article 5 – Execution and amendment of the agreement

5.1           Team DSM carries out all agreements with the greatest care and expertise. Team DSM has an obligation to make an effort. Team DSM cannot guarantee the Client that a certain result will be achieved.

5.2           Team DSM is allowed to make use of (the services of) third parties in the execution of the agreement. Any costs will be charged to the Client, and will be included in the quotation.

5.3           Unless the parties have explicitly stated otherwise in writing, the event will also take place in bad weather. Team DSM will do everything possible to limit any inconvenience to participants. An outdoor event can be cancelled, free of charge if, in the opinion of Team DSM, it is irresponsible and/or impossible to carry out, in connection with, among other things, safety.

5.4           The implementation of what has been agreed upon is partly dependent on local (weather) conditions/ circumstances. If there is no guidance by Team DSM during an event, the Client itself is responsible for a program change, when the situation requires this as such. If guidance is provided by Team DSM, the program will be changed by Team DSM.

5.5           Team DSM has the right to amend the agreement and/or the offered event as well, if there are important circumstances, to be communicated to the Client without delay. If possible, Team DSM will offer an alternative, whereby the specific character of the event remains intact as much as possible and the alternative fits within the budget of the Client. The Client may only reject the amendment if the alternative has a substantially different character than the original event or if the alternative otherwise causes disadvantage of more than a minor significance. The Client must report this to Team DSM as soon as possible. In that case, the Client shall be entitled to a full refund of any monies already paid or that part of the amount relating to the parts of the event not received.

5.6           Changing the previously agreed event date is only possible, if the date is unanimously approved by all suppliers of Team DSM, which are part of the agreed event. If suppliers attach costs to this change/displacement, these will be charged in full to the Client.

5.7           If it is not possible to move the event date, the Client shall owe the costs in accordance with the scale of article 7 of these general terms and conditions.

5.8           Until the deadline for subscribing for events (as indicated by Team DSM), the final number of participants can be shared with Team DSM, which final number may consist of a reduction of maximum 10% from the previously indicated number of participants by the Client. This number then applies as the final number for the invoice.

5.9           In case a participant is unable to attend, the Client must fill in this space again themselves. Team DSM reserves the right to charge the Client for any (additional) costs incurred for the substitution.

Article 6 – Information and travel document

6.1           Before the start of a(n) (multi-day) event, Team DSM will provide the Client with a telephone number in case of emergencies.

6.2           Unless agreed otherwise, and if applicable, Team DSM shall provide the Client with all necessary information, no later than 2 days before the start of an event. The client is responsible for sharing this information with his/her participants.

6.3           At events that take place abroad, each participant must be in possession of all documents, required in the country of destination or transit countries, including a valid passport, any visas, vaccinations, etc. Timely verification of the completeness and accuracy of the above is the responsibility of each participant or of the Client. Team DSM is, under no circumstances liable if the Client/participant is unable to participate in an event due to the lack of one or more necessary documents. All consequences are at the risk and expense of the Client/participant.

Article 7 – Cancellations

7.1           It is the Client’s own responsibility provide an adequate (group) cancellation-, accident- and/or travel insurance before the start of the event.

7.2           The Client can only cancel the event by means of an e-mail to Team DSM. The date of the e-mail will be classified as the date of cancellation.

7.3           Until the deadline (as indicated by Team DSM), the final number of participants can be shared with Team DSM, which final number may consist of a reduction of maximum 10% from the previously indicated number of participants by Client. This number then applies as the final number for the invoice.

7.4           Cancellation by a Client affects also the program/costs for the the Clients of that event. In the event of cancellation by the Client, after the indicated deadline, in general 100% of the costs need to be paid. Team DSM will do their best to reduce the costs, if possible.

7.5           The costs for the participant who, without cancelling, is not present at the start of the event shall not be deducted from the invoice and must be paid in full by the Client to Team DSM.

7.6           Team DSM has the right to cancel the event up to 14 days before the start of the event if the number of registrations is less than the minimum number of participants indicated in advance.

7.7           Team DSM may suspend (the execution of) the agreement or dissolve it with immediate effect if:

  • The Client fails to fulfil all obligations arising from the agreement or to do so in full or on time;
  • After the conclusion of the agreement, Team DSM has become aware of circumstances as a result of which it has good reason to fear that the Client will not fulfil its obligations;
  • Due to a delay on the part of the Client, Team DSM can no longer be expected to perform the agreement under the originally agreed conditions;
  • If circumstances arise of such a nature that fulfilment of the agreement is impossible;
  • The Client fails to provide Team DSM in a timely manner with all the necessary information (which may or may not be) necessary for the proper performance of the agreement.

Article 8 – Invoices and payments

8.1          Unless explicitly stated otherwise, all prices are excluding VAT

8.2          Unless agreed otherwise in writing, payment must be made within the payment term as stated on the invoice.

8.3          If the agreement is concluded within 72 hours before the start of an event, the Client must pay the full invoice amount by urgent transfer at the latest before the start of the event.

8.4          Any claims with regard to invoicing must be notified to Team DSM in writing as soon as possible and no later than within eight calendar days after the invoice date, under penalty of forfeiting any claim of any nature whatsoever.

Article 9 – Liability

9.1          Team DSM is only liable if and if stated in this article

9.2          Participation in an event takes place at the risk of and under the own responsibility of the Client and/or participant. Except in cases of intent or gross negligence on the part of Team DSM, Team DSM is not liable for any form of damage suffered by the Client/participant as a result of accidents that occur before, during or after an event, unless and insofar as, exclusion of liability may not be permitted by law.

9.3           Team DSM is in any case not liable for damages:

  • caused by errors or shortcomings in the information, data or material prescribed or provided to Team DSM by the Client/participant;
  • caused by misunderstandings, errors or shortcomings with regard to the execution of the agreement if they are caused by the actions of the Client/participant;
  • caused by errors or shortcomings on the part of third parties engaged by or on behalf of the Client/participant;
  • caused by a shortcoming or wrongful act/failure on the part of executive service providers or suppliers or their staff.

9.4           Team DSM is only liable for direct damage attributable to them. Liability for indirect damages, including consequential damages, lost profits, lost savings and other forms of indirect damages, is completely excluded. Any liability expires after one year from the moment the agreement is completed.

9.5           Client/participant is obliged to take out appropriate accident-travel-and/or cancellation insurance. In any event, Team DSM shall never accept liability for damage for which a claim for compensation exists, or is deemed to exist, by virtue of an accident trip and/or accident insurance.

9.6           The exclusions and/or limitations of liability included in this article also apply to employees and/or representatives of Team DSM unless and insofar as, exclusion of liability should not be permitted by law.

Article 10 – Force majeure

10.1         Shortcomings in the performance of the agreement cannot be attributed to Team DSM if they are not due to its fault pursuant to the law, the agreement or according to generally accepted standards.

10.2         In the event of force majeure on the part of Team DSM, Team DSM has the option of temporarily suspending the performance of the agreement. Team DSM will inform the Client of this in writing. If performance is impossible or permanently impossible for more than two months due to force majeure, the agreement may be dissolved in whole or in part by either party. Team DSM reserves the right to charge the Client for services already provided. Team DSM has no obligation in a situation of force majeure to compensate any damage to the Client. Team DSM advises the Client to insure itself against such risks.

Article 11 – Obligations of the parties

11.1         Before or at the latest at the conclusion of the agreement, the Client is obliged to pass on all relevant information about himself and/or the participants to Team DSM, which may be necessary for the correct and safe execution of the agreement. This may include:

  • relevant personal circumstances;
  • relevant medical and conditional details;
  • relevant diets or allergy details;
  • passport/ID;
  • other travel and/or accommodation documents

11.2         Each participant is and remains responsible for the assessment whether he/she is in sufficient condition to participate in (certain parts of) the event.

11.3         During the entire event, the participant is obliged to comply with instructions and directions of Team DSM or service representative, in order to promote the proper execution of the agreement.

11.4         If a participant deviates from the recommended route and/or the recommended time or itinerary and deviating from the recommended time or itinerary results in extra costs, the costs will be at the expense of the participant or the Client.

11.5         The material made available during an event must be used by the participant in the way it is intended by virtue of its nature and the agreement. The participant must report any defects immediately. The participant may not make any changes to the material, nor may he give it to third parties for use. Any damage to or loss of material must be reported to Team DSM as soon as possible, but no later than at the end of the event. Prior permission from Team DSM is required for any repair order.

Article 12 – Privacy policy

12.1         Team DSM respects the privacy of all users of its site and of all participants in an event and ensures that the personal information received by Team DSM is treated confidentially. Team DSM uses the received data only to provide the services, goods and / or information requested. The complete Team DSM Privacy statement applies for all events.

Article 13 – Choice of law, disputes

13.1         All agreements to be concluded by Team DSM are governed by Dutch law.

13.2         Contrary to the legal rules for the competence of the civil court, any dispute between the Client and Team DSM will, in case the court is competent, be settled by the District Court of Overijssel, location Almelo. Team DSM remains entitled to summon the other party to appear before the competent court according to the law, or the applicable international treaty.