Prof. Schermerhornlaan 2, 5707KZ Helmond, The Netherlands
Chamber of Commerce number: 98925865
VAT number: NL005362086B60
E-mail: info@beyondyourstay.com
Website: www.beyondyourstay.com
2. Definitions
Beyond Your Stay: contractor.
Client: the natural or legal person entering into an agreement with Beyond Your Stay.
Agreement: the binding agreement created by signing a quotation issued by Beyond Your Stay.
Services: all activities in the field of social media strategy, content creation, social media management and advertising support.
Package: the agreed service package with corresponding monthly fee.
Shoot day: a scheduled day on which Beyond Your Stay captures content on location.
First Light Month: the first month from the start date of the agreement.
Contract Term: the full duration of the agreement of twelve (12) months, including the First Light Month.
3. Applicability
These general terms and conditions apply to all quotations, agreements and services of Beyond Your Stay.
Deviations are only valid if confirmed in writing by Beyond Your Stay.
General terms and conditions of the client are expressly rejected.
4. Quotations & formation of the agreement
All quotations issued by Beyond Your Stay are without obligation until signed by the client.
Once a quotation is signed digitally or in writing, its non-binding nature fully expires.
Signing immediately creates a binding agreement, subject to the option to terminate after the First Light Month as set out in Article 5.
After signing, cancellation or withdrawal is not possible, except under Article 5(3) and where mandatory statutory provisions apply.
The signed quotation together with these general terms and conditions constitutes the entire agreement.
5. Term of the agreement & First Light Month
A collaboration is entered into for a fixed Contract Term of twelve (12) months, including the First Light Month.
The first month of the agreement is the First Light Month.
The client may terminate the agreement at the end of the First Light Month without further obligation, provided the client notifies Beyond Your Stay in writing no later than the last day of the First Light Month. In that case, the agreement ends at the end of the First Light Month.
During the First Light Month itself, early termination or cancellation is not possible. The monthly fee of the chosen package is due in full for the First Light Month, including where the client terminates under paragraph 3.
If the client does not terminate in time under paragraph 3, the agreement continues automatically, without further action, until the end of the Contract Term.
After the First Light Month, early termination is only possible if Beyond Your Stay demonstrably fails to meet its obligations under these terms.
6. Termination & cancellation
Early termination or cancellation is not permitted, except termination after the First Light Month under Article 5(3).
Except under Article 5(3), termination is only possible after the end of the Contract Term.
Termination must be made in writing, with at least one (1) calendar month's notice before the end of the Contract Term.
If notice is not given in time under paragraph 3, the agreement is tacitly renewed for a new Contract Term of twelve (12) months, under the terms and rates then in force. The same notice period as in paragraph 3 applies to each renewal. The First Light Month does not apply again upon renewal.
7. Services & execution
Beyond Your Stay performs its services to the best of its knowledge and ability.
An obligation of effort applies, not an obligation of result.
Beyond Your Stay gives no guarantees regarding reach, bookings, revenue or advertising results.
Beyond Your Stay is entitled to engage third parties for the execution of its services.
8. Cooperation of the client
The client is obliged to provide all required information, materials and feedback in a timely manner.
Delays caused by insufficient cooperation are entirely at the client's expense.
Beyond Your Stay is not liable for damage resulting from incorrect or incomplete information provided by the client.
9. Packages, upgrades & downgrades
Downgrading the package during the term of the agreement is not permitted.
Upgrading the package is possible and must be requested in writing.
An upgrade takes effect from the next calendar month.
From that moment, the new higher fee will be invoiced.
Downgrades are only possible after expiry of the contract term.
Set-off or refund of already invoiced amounts is excluded.
10. Payment
Payment must be made within fourteen (14) days of the invoice date, unless otherwise agreed in writing.
Payment in instalments is not possible.
If payment is not made on time, the client is legally in default and Beyond Your Stay is entitled to: suspend the execution of services until full payment has been received; charge statutory commercial interest and extrajudicial collection costs.
Services already performed remain payable at all times.
The First Light Month is invoiced at the monthly fee of the chosen package.
Beyond Your Stay provides advertising support as part of its services.
Beyond Your Stay is entitled to outsource advertising activities in whole or in part to an external partner acting on behalf of Beyond Your Stay.
The client acknowledges and accepts that advertising activities may be carried out by an external partner.
Advertising budgets are fully separate from Beyond Your Stay's fees and are borne by the client.
The client remains responsible for advertising accounts, payment details and approval of advertising expenditures.
Beyond Your Stay is not liable for blocks, rejections, costs or policy changes of advertising platforms.
Advertising support constitutes an obligation of effort; no guarantees are given regarding results.
12. Shoot days & weather conditions
If weather conditions affect the execution of a shoot, the parties may jointly decide to reschedule the shoot day.
If Beyond Your Stay is already present on location, the shoot will in principle be carried out on that day.
Rescheduling a shoot day must be reported in writing at least forty-eight (48) hours prior to the scheduled shoot day.
13. Cancellation of shoot day & costs
Cancellation or rescheduling of a shoot day within 48 hours prior to commencement results in a fee of €100.
This fee covers preparation, planning and travel costs.
Cancellation does not entitle the client to a refund or set-off.
14. Shoot readiness
The client must ensure that the location is fully shoot-ready on the shoot day.
This includes, where applicable: tidy and well-presented rooms, prepared breakfast, dinner or other hospitality moments, and general cleanliness and styling.
Beyond Your Stay is not responsible for quality loss due to insufficient preparation.
15. Intellectual property
All content developed by Beyond Your Stay remains the property of Beyond Your Stay until the client has fulfilled all payment obligations.
After full compliance with all payment obligations, the client obtains a right of use for the delivered content.
Beyond Your Stay retains the right to use work for portfolio, marketing and promotional purposes.
Raw files and project files are not included unless otherwise agreed in writing.
If the client terminates after the First Light Month, the client obtains, upon full payment, a right of use solely for the content actually delivered during the First Light Month.
16. Liability
The liability of Beyond Your Stay is limited to the amount invoiced to the client in the relevant month.
Beyond Your Stay is not liable for indirect damage, including but not limited to consequential damage, loss of revenue or profit, missed savings, reputational damage and loss of goodwill.
Beyond Your Stay is not liable for damage caused by third parties, external partners or external platforms.
17. Force majeure
Beyond Your Stay is entitled to suspend its obligations in the event of force majeure.
Force majeure includes, but is not limited to: illness, malfunctions, platform issues, government measures and other unforeseen circumstances.
18. Privacy
Beyond Your Stay processes personal data in accordance with applicable legislation.
The privacy statement on the website of Beyond Your Stay applies.
19. Complaints
Complaints must be reported in writing within seven (7) days after discovery.
Beyond Your Stay will handle complaints within a reasonable period.
20. Applicable law & disputes
Dutch law applies to all agreements.
Disputes will be submitted to the competent court in the Netherlands.
21. Final provision
By signing a quotation, the client declares to have taken note of these general terms and conditions and to fully and unconditionally agree to them.
