Gen­er­al Terms and Con­di­tions of architour VOF, loc­ated at Utrechtsed­warsstraat 30B in Ams­ter­dam, registered with the K.v.K. under num­ber 71387331.

Art­icle 1: Defin­i­tions
In these gen­er­al terms and con­di­tions, the fol­low­ing defin­i­tions shall apply:
- architour: the com­pany that organ­ises and car­ries out tours, pro­grammes or activ­it­ies. For the exe­cu­tion of the Agree­ment, architour may engage third parties. For the pur­poses of the pro­vi­sions of Art­icle 3, Art­icle 4.2, Art­icle 4.4, Art­icle 6.2 and Art­icle 7.4 of the Gen­er­al Terms and Con­di­tions, the defin­i­tion of architour shall also include third parties engaged by architour, includ­ing guides and extern­al parties such as hotel and cater­ing entre­pren­eurs.
- Cli­ent: any leg­al entity or nat­ur­al per­son, wheth­er or not act­ing in the course of a busi­ness or pro­fes­sion, who com­mis­sions architour to per­form any work.
- Agree­ment: agree­ment between the Cli­ent and architour.
- Pro­duc­tion date: the (first) day on which the event and/or pack­age to be organ­ised or car­ried out by architour under the agree­ment will take place.
- Con­sumer: a nat­ur­al per­son not act­ing in the exer­cise of any busi­ness or pro­fes­sion.
- Tour: a tour, pro­gramme or activ­ity organ­ised and car­ried out by architour, with or without the assist­ance of third parties engaged by architour. A Tour may take place in an open group or in a closed group.
- Par­ti­cipant: a par­ti­cipant of a Tour

Art­icle 2: Applic­ab­il­ity of these terms and con­di­tions
1. These con­di­tions shall apply to every offer and every agree­ment to which architour has declared these con­di­tions applic­able, inso­far as these con­di­tions have not been expressly devi­ated from by the parties.

Art­icle 3: Quo­ta­tions
1. Ori­ent­at­ing meet­ings and talks as well as quo­ta­tions pre­pared by architour are without oblig­a­tion, unless oth­er­wise agreed in the ori­ent­a­tion inter­view.
2. Unless oth­er­wise stated, the prices quoted in the quo­ta­tion are exclus­ive of VAT, trans­port costs and any travel and accom­mod­a­tion expenses neces­sary for the exe­cu­tion.
3. architour has the right to pass on inter­im changes in the cost price to the cli­ent as a res­ult of changes in reg­u­la­tions, gov­ern­ment levies or oth­er gov­ern­ment meas­ures. Rechar­ging as a res­ult of inter­im changes in the cost price oth­er than by the gov­ern­ment shall entitle the cli­ent to dis­solve the agree­ment inso­far as the reas­on for rechar­ging lies with­in three months of the con­clu­sion of the agree­ment and architour actu­ally pro­ceeds to recharge. For­eign cur­rency shall be passed on at the daily exchange rate applic­able on the invoice date.
4. Fol­low­ing a request for a Tour, architour shall send a writ­ten offer to the cli­ent. The cli­ent must indic­ate in writ­ing with­in the peri­od stated in the offer wheth­er it accepts archi­t­our’s offer. Architour then checks the avail­ab­il­ity of guides and oth­er ser­vices on the reques­ted date and con­firms the booking.

Art­icle 4: Exe­cu­tion of the Agree­ment
1. The agree­ment shall be estab­lished by the cli­ent accept­ing archi­t­our’s offer in writ­ing by sig­na­ture and by architour sub­sequently con­firm­ing the book­ing in writ­ing.
2. architour shall execute the Agree­ment to the best of its know­ledge and abil­ity and in accord­ance with the require­ments of good work­man­ship.
3. With the con­clu­sion of the Agree­ment, the Cli­ent’s pay­ment oblig­a­tion is fixed and the Cli­ent is not entitled to a refund of any amount already paid.
4. architour is entitled to determ­ine the max­im­um num­ber of par­ti­cipants per Tour. architour shall inform the Cli­ent accord­ingly.
5. If the Agree­ment relates to a private group, the Cli­ent under­takes to provide architour with the final num­ber of Par­ti­cipants at least 7 days before the agreed date of a Tour. From that moment on, the num­ber of Par­ti­cipants is fixed and no changes to the pro­gramme or reser­va­tions are pos­sible. Cli­ent can also not claim a refund for cost changes due to a lower num­ber of Par­ti­cipants from that moment onwards.
6. The cli­ent shall ensure that all inform­a­tion which architour indic­ates is neces­sary or which the cli­ent should reas­on­ably under­stand is neces­sary for the per­form­ance of the agree­ment is provided to architour in good time. If the inform­a­tion required for per­form­ance of the Agree­ment is not provided to architour in good time, architour shall have the right to sus­pend per­form­ance of the Agree­ment and/or to charge the cli­ent for the addi­tion­al costs arising from the delay at the usu­al rates.
7. Cli­ent guar­an­tees that each Par­ti­cipant has taken note of all rel­ev­ant oblig­a­tions under the

8. architour is not liable for dam­age, of whatever nature, res­ult­ing from incor­rect and/or incom­plete inform­a­tion provided by the cli­ent, unless such incor­rect­ness or incom­plete­ness should have been known to architour.

Art­icle 5: Rep­res­ent­a­tion
1. If and inso­far as required for the prop­er per­form­ance of the Agree­ment, architour has the right to have cer­tain work per­formed by third parties.
2. In the event that architour is required to enter into agree­ments with third parties for the prop­er per­form­ance of the Agree­ment, it shall act as the indir­ect rep­res­ent­at­ive of the cli­ent. architour has the right to charge a medi­ation fee for this.
3. architour shall, to the best of its abil­ity and in accord­ance with what is reas­on­able and fair, endeav­our to ensure ful­fil­ment of the oblig­a­tions arising from agree­ments as referred to in the pre­vi­ous para­graph, without, how­ever, being obliged to take leg­al action against such third parties.
4. Para­graphs 1 to 3 apply inso­far as they are not in con­flict with the man­dat­ory pro­vi­sions of art­icles 7:425 to 7:427 of the Dutch Civil Code or any sub­sequent man­dat­ory reg­u­la­tions applic­able to a medi­ation agreement.

Art­icle 6: Amend­ment of the Agree­ment
1. Adjust­ment wishes in the pro­gramme or ser­vices can be repor­ted to architour up to 2 weeks before the date of the Tour. Adjust­ments to the Agree­ment are val­id only after they have been con­firmed in writ­ing by architour.
2. If, dur­ing the per­form­ance of the Agree­ment, it appears that for prop­er per­form­ance it is neces­sary to change or sup­ple­ment the work to be per­formed, the parties shall promptly and in mutu­al con­sulta­tion adjust the Agree­ment accord­ingly.
3. If the parties agree that the Agree­ment will be amended or sup­ple­men­ted, the time of com­ple­tion of the exe­cu­tion may be affected as a res­ult. architour shall inform the Cli­ent as soon as pos­sible.
4. If the amend­ment or sup­ple­ment to the Agree­ment has fin­an­cial and/or qual­it­at­ive con­sequences, architour shall inform the Cli­ent in advance. If a fixed price and/or a fixed fee has been agreed, architour shall indic­ate the extent to which the amend­ment or sup­ple­ment to the Agree­ment will res­ult in an increase in this price and/or this fee.
5. Not­with­stand­ing para­graph 3, architour shall not be able to charge addi­tion­al costs if the amend­ment or sup­ple­ment is the res­ult of cir­cum­stances attrib­ut­able to architour.
6. If the Cli­ent wishes to ter­min­ate the agree­ment pre­ma­turely, this shall not release the Cli­ent from its pay­ment oblig­a­tion and the Cli­ent shall not be entitled to a refund of any fee already paid or yet to be paid.

Art­icle 7: Con­fid­en­ti­al­ity
Both parties are obliged to keep con­fid­en­tial all con­fid­en­tial inform­a­tion they have obtained from each oth­er or from oth­er sources in the con­text of the Agree­ment. Inform­a­tion is con­sidered con­fid­en­tial if this has been com­mu­nic­ated by the oth­er party or res­ults from the nature of the information.

Art­icle 8: Intel­lec­tu­al prop­erty
1. architour reserves the rights and powers to which it is entitled under the Copy­right Act.
2. All doc­u­ments provided by architour, such as reports, pro­grammes, bro­chures, advice, designs, sketches, draw­ings, soft­ware, etc., are inten­ded exclus­ively for use by the cli­ent and may not be repro­duced, made pub­lic or brought to the notice of third parties by the cli­ent without the pri­or con­sent of architour.
3. architour also reserves the right to use the know­ledge gained from the exe­cu­tion of the work for oth­er pur­poses, as long as no con­fid­en­tial inform­a­tion is dis­closed to third parties.

Art­icle 9 Ter­min­a­tion
1. If the cli­ent is not act­ing in the course of a busi­ness or pro­fes­sion, the fol­low­ing shall apply:
a. Both parties may ter­min­ate the Agree­ment at any time. Ter­min­a­tion by architour must how­ever give reas­ons.
b. If the Cli­ent can­cels the order after the Agree­ment has come into effect, it shall owe the per­cent­age of the agreed sum — as stated in the Agree­ment — men­tioned below, depend­ing on the time of cancellation;

- 50% for can­cel­la­tion with­in 60 days before the pro­duc­tion date
- 75% for can­cel­la­tion with­in 30 days before pro­duc­tion date
- 100% for can­cel­la­tion with­in 14 days before pro­duc­tion date.
If the time of can­cel­la­tion is more than 60 days before pro­duc­tion date, the Cli­ent shall owe architour the organ­isa­tion fee expli­citly stated in the Agreement.

2. If Cli­ent acts in the course of a busi­ness or pro­fes­sion, the fol­low­ing applies:
a. Either party may ter­min­ate the Agree­ment at any time, provided the ter­min­a­tion is in writ­ing and sup­por­ted by reas­ons.
b. The pro­vi­sions under para­graph 1 b and c shall apply mutatis mutandis.

Art­icle 10: Dis­sol­u­tion of the Agree­ment
archi­t­our’s claims against the Cli­ent shall be imme­di­ately due and pay­able in the fol­low­ing cases:
- cir­cum­stances com­ing to the know­ledge of architour after the con­clu­sion of the Agree­ment give architour good reas­on to fear that the Cli­ent will not com­ply with its oblig­a­tions;
- if when con­clud­ing the agree­ment architour has asked the cli­ent to provide secur­ity for per­form­ance and such secur­ity is not provided or is insuf­fi­cient. In the above cases, architour shall be entitled to sus­pend fur­ther per­form­ance of the agree­ment or to dis­solve the agree­ment, without pre­ju­dice to archi­t­our’s right to claim damages.

Art­icle 11: Com­plaint peri­ods
1. Com­plaints about the work per­formed must be repor­ted in writ­ing to architour by the cli­ent with­in 8 days of dis­cov­ery, but no later than 8 days after com­ple­tion of the work in ques­tion.
2. If a com­plaint is jus­ti­fied, architour shall still per­form the work as agreed, unless this has mean­while become point­less for the cli­ent. The lat­ter must be made known by the cli­ent. If per­form­ance of the agreed ser­vice is no longer pos­sible or worth­while, architour shall only be liable with­in the lim­its of Art­icle 14.

Art­icle 12: Pay­ment
1. Pay­ment must be made with­in 14 days of the invoice date. After the afore­men­tioned term has expired, the cli­ent shall be in default. From the moment of default, the cli­ent shall owe interest on the amount due equal to the stat­utory interest rate plus two per­cent­age points, with a min­im­um of 12% per year.
2. In the event of Cli­ent’s liquid­a­tion, bank­ruptcy or sus­pen­sion of pay­ments, Cli­ent’s oblig­a­tions will fall due immediately.

Art­icle 13: Col­lec­tion costs
1. If Cli­ent is in default or breach of one or more of his oblig­a­tions, all reas­on­able costs incurred to obtain pay­ment extraju­di­cially shall be borne by Cli­ent. In any case, the cli­ent shall owe 15%. If architour demon­strates that it has incurred high­er costs, which were reas­on­ably neces­sary, such costs shall also qual­i­fy for reim­burse­ment. .
2. The cli­ent shall be liable to architour for the leg­al costs incurred by architour in all instances, except where the cli­ent demon­strates that they are unreas­on­ably high. This shall only apply if architour and the cli­ent are involved in leg­al pro­ceed­ings relat­ing to an agree­ment to which these gen­er­al terms and con­di­tions apply and a final court rul­ing rules against the cli­ent in its entirety or predominantly.

Art­icle 14: Liab­il­ity
1. architour’s liab­il­ity is lim­ited to the cov­er­age provided under its liab­il­ity insur­ance.
The con­tract­ing party must ensure that par­ti­cipants have adequate insur­ance cov­er­age.
2. Fur­ther­more, archi­t­our’s liab­il­ity shall be lim­ited to dir­ect dam­age arising from non-per­form­ance, late per­form­ance or improp­er per­form­ance of the Agree­ment. Fur­ther­more, architour shall in no way be liable for con­sequen­tial dam­age, such as loss of profit.
3. The lim­it­a­tions of liab­il­ity included in these terms and con­di­tions shall not apply if the dam­age is due to intent or gross neg­li­gence on the part of architour or its exec­ut­ive employ­ees.
4. The cli­ent must noti­fy architour of any claim for com­pens­a­tion imme­di­ately and no later than 8 days after the day on which the cli­ent became aware or should have become aware of the dam­age.
5. The lim­it­a­tion peri­od for any leg­al claim for dam­ages by the cli­ent is 18 months, com­men­cing on the day fol­low­ing the day on which the dam­age-caus­ing event occurred.
6. architour shall not be liable for indir­ect, con­sequen­tial or incid­ent­al dam­ages, nor for risks inher­ent to travel and out­door activities.

The total liab­il­ity of architour shall be lim­ited to the amount covered by its liab­il­ity insur­ance.
The con­tract­ing party is respons­ible for ensur­ing par­ti­cipants have adequate insur­ance coverage.

Art­icle 15: Force majeure

1. Force majeure means cir­cum­stances which pre­vent ful­fil­ment of the com­mit­ment and which can­not be attrib­uted to architour. These shall include (if and inso­far as these cir­cum­stances make per­form­ance impossible or unreas­on­ably dif­fi­cult): strikes; a gen­er­al lack of the neces­sary raw mater­i­als and oth­er items or ser­vices required for the real­isa­tion of the agreed per­form­ance; unfore­see­able stag­na­tion at sup­pli­ers or oth­er third parties on which architour depends; the non-appear­ance of an artist due to ill­ness; gen­er­al trans­port prob­lems.
2. architour shall also be entitled to invoke force majeure if the cir­cum­stance pre­vent­ing (fur­ther) per­form­ance occurs after architour should have ful­filled its com­mit­ment.
3. architour shall, if pos­sible, be entitled to provide reas­on­able sub­sti­tute per­form­ance. If architour provides a reas­on­able sub­sti­tute per­form­ance, the cli­ent shall not be entitled to a dis­count on the agreed price and/or fee. Fur­ther­more, the cli­ent is not entitled to dis­solve the agree­ment.
4. Dur­ing force majeure, archi­t­our’s oblig­a­tions shall be sus­pen­ded. If the peri­od in which ful­fil­ment of archi­t­our’s oblig­a­tions is not pos­sible due to force majeure lasts longer than 1 month, both parties shall be entitled to dis­solve the Agree­ment without any oblig­a­tion to pay dam­ages.
5. If architour has already ful­filled part of its oblig­a­tions when force majeure arises, or can only par­tially ful­fil its oblig­a­tions, it shall be entitled to invoice sep­ar­ately the part already ful­filled or execut­able and the cli­ent shall be obliged to pay this invoice as if it were a sep­ar­ate con­tract. How­ever, this does not apply if the part already per­formed and/or execut­able part has no inde­pend­ent value.

Art­icle 16: Set­tle­ment of dis­putes
1. Not­with­stand­ing the stat­utory rules for the com­pet­ence of the civil courts, any dis­pute between architour and the cli­ent in the event that the court has jur­is­dic­tion shall be settled by the Dis­trict Court in Ams­ter­dam. architour shall, how­ever, remain com­pet­ent to sum­mon the cli­ent to appear before the court com­pet­ent under the law or the applic­able inter­na­tion­al treaty.
2. If the cli­ent is a con­sumer or if three or few­er per­sons are employed in his busi­ness or prac­tice (includ­ing the cli­ent him­self), the cli­ent shall have the right, for one month after architour has invoked this pro­vi­sion in writ­ing, to opt for set­tle­ment of the dis­pute by the civil court com­pet­ent under the law.

Art­icle 17: Applic­able law
All leg­al rela­tion­ships between the cli­ent and architour shall be gov­erned by Dutch law.

Art­icle 18: Amend­ments to the con­di­tions
architour is entitled to amend these con­di­tions. These amend­ments shall take effect on the announced date of entry into force. architour shall send the amended con­di­tions to the Cli­ent in good time. If no time of entry into force has been announced, amend­ments shall take effect vis-à-vis the Cli­ent as soon as he has been noti­fied of the amendment.

Ams­ter­dam, 2023