TERMS AND CONDITIONS
General terms and conditions rental spaces Mahara / Araham1.Definitions
1.1 Tenant means: the person or organization that rents the space and enters into the rental agreement with the landlord: hereinafter referred to as tenant.
1.2 Landlord means: VOF Mahar à Raham, De Clerqcstraat 121, 1053 AK, Amsterdam, hereinafter referred to as landlord.1.
Reservations and Bookings
2.1. All offers made by the landlord are without obligation, with the explicit reservation that there is only an obligation on the landlord’s side, if the lease agreement signed by the tenant is in possession of the landlord and both the guarantee and / or deposit are paid.
2.2. If the landlord has not yet received a reservation or rental agreement signed by the potential tenant and thelandlord can rent out the space (halls, spaces) to a third party, the landlord will immediately inform the potential tenant of such and the potential tenant must immediately indicate whether or not he wishes to make use of the landlord’s offer.
2.3. The landlord is entitled to offer the tenant (temporarily) another space than should be offered according to the reservation or lease agreement, except if it is obviously unfair to the tenant. If the space offered is clearly less suitable than the reserved space in the lease agreement, the tenant will be entitled to offset the difference, unless agreed otherwise.
2.4 By signing this offer or the lease agreement, the tenant declares to be aware of, and agree to, these general rental conditions.
2.5 The tenant must adhere to the set starting time and end time.
2.6 Activities performed by the tenant which are necessary for the set up, furnishing and/or decoration or testing of equipment can, in consultation, commence earlier than the starting time of the booked day part, taking into account availability.
2.7 Earlier use or staying longer than agreed after one day part is possible only when requested in advance and confirmed in writing by the landlord.
2.8 A surcharge may be added for the period outside of the daytime.
3. Use of the rented space(s)
3.1. The tenant is not permitted to use the room for any activity other than indicated in the rental agreement or reservation, to rent it out to third parties or to allow it to be used.
3.2 The tenant must follow the instructions of the landlord’s personnel regarding the use of the rented space(s).
3.3 The tenant must comply with the landlord’s maximum permitted number of guests per rented space(s).
3.4. The tenant must ensure that no damage is caused to the building and to the items present in and around the building.
3.5. In the rented space(s) the tenant is not allowed to post anything on or attach anything in any way without the landlord’s prior consent.
3.6. The tenant must leave the space(s) in the same condition in which they were found.
3.7. If the space(s) is (are) not found properly, this must be reported to the personnel of the landlord in advance.
3.8. The tenant is obliged to report and compensate any damage to the premises.
3.9. The landlord has the right to repair any damage to and in the rented space(s) as well as the inventory at the tenant’s expense, insofar as the damage occurred at the time of the tenant’s use of the space(s) in question or directly relates to it.
3.10. The tenant shall ensure that no highly inflammable or explosive substances, gases, dangerous and/or flammable goods or stench dispersive substances are present in the hired space during the rental period, unless written permission has been granted by the landlord.
3.11. Cleaning, cleaning and repair costs will in all cases be charged in full and without reservation.
3.12. Smoking is only permitted in the back of the garden.
3.13. Before and after an activity, meeting or event, measures must be taken which the landlord deems necessary with regard to noise nuisance.
3.14. Windows and doors must remain closed at all times when music is played in the space(s).
3.15. The tenant is not permitted to enter the room(s) of a fellow tenant or to disturb the space(s) during the rental period.
3.16. The tenant must ensure that no nuisance is caused when entering or leaving the space(s).
3.17. The tenant must ensure that the property is entered and left quietly, without inconvenience caused to local residents or fellow tenants.
4.1. Use of the professional kitchen is possible in consultation with the landlord, for which a surcharge will be charged.
4.2. The tenant is not allowed to serve themselves or give their guests access to the kitchen unless written permission has been granted by the landlord.
4.3. The tenant may not use, sell or provide any consumptions that he has brought with him or taken with him free of charge, unless the landlord has given his written permission to do so.
4.4. The landlord may attach further conditions to such consent.
4.5. The number of persons using the space(s) and/or catering may be changed up to three working days before the start of the rental period. In the event of changes outside this period, the landlord shall assume the latest number of persons reserved. If more people are present than indicated in the reservation, the landlord will charge this on the basis of post-calculation.
5.1. The total amount of the rental agreement will be paid at once. The invoice is usually drawn up one week before the event and holds a payment term of 14 days.
5.2. In the event of a rental agreement for only a few parts of the day, the tenant may ask for the total amount to be paid in 2 parts; 50% within 8 days of booking, and the remaining 50% no later than one month after the first booked date.
5.3. If more than one rental agreement is active at the same time, these will be treated as separate agreements, and the amounts due, both down payment and monthly instalments, may not be added up, but must be transferred separately, and always stating the rental agreement reference or invoice number to the landlord.
5.4. The tenant is responsible for the correct and timely payment of invoices and bills, and shall pay them on the correct date,stating the reference of the invoice number and name of the contracting party.5.5. In the event of late performance, the tenant shall be in default without notice of default and shall owe statutory interest of at least 1% per month on the rent overdue from the date of default until the date of payment in full.
5.6. If a tenant is in default, he must reimburse the landlord for any costs, both judicial and extrajudicial, arising from collection.
6. Termination and/or cancellation of the rental agreement bythe tenant
6.1. If the reservation has to be cancelled after entering into the agreement, the following cancellation arrangement applies; the tenant can change the date of the meeting mentioned in the agreement once, free of charge (within six months of the actual date).In the event of cancellation of the amended rental agreement, 100% of the space rental will be charged.In the event of cancellation up to 4 weeks before the start of each of the aforementioned dates, you will be charged 30% of the agreed rental price with a minimum of € 35.00 for administration costs and loss of income.In the event of cancellation up to 7 days before the start of each of the aforementioned dates, you will be charged 50% of the agreed rental price with a minimum of € 35.00 for administration costs and loss of income.
In case of cancellation 7 days or less before the start of each of the mentioned dates you pay 100% of the agreed rental price including reserved catering and materials with a minimum of € 35.00 for administration costs and loss of income.
6.2. We appreciate a timely notification by email, but the actual cancellation can only be done by: email with confirmation from us, or in writing.
7. Dissolution of the lease by the landlord7.1. It shall be possible for the landlord to dissolve the agreement with immediate effect if this is the case:
7.1.1. failure by the landlord to fulfil his obligations as laiddown in the reservation or rental agreement;
7.1.2. misuse by the tenant (or users) of the rented object;
7.1.3. nuisance caused by the tenant (or users) to other tenants or to the landlord
7.1.4. proven incompetence in the professional practice of the activity(s) offered by the tenant;
7.1.5. the provision of incorrect information or withholdingof correct information by the tenant to the landlord;
7.1.6. serious suspicion of possible disturbance of public order, or causing nuisance by the tenant or users;
7.1.7. endangering the good name of Mahara / Araham
7.1.8. in the event that the relationship between the tenant and other tenants or the tenant and landlord is seriously disturbed;
7.1.9. following one or more complaints about the tenant or the tenant’s activities. The landlord may or may not be obliged to pay any form of compensation.
7.2. The landlord may proceed to dissolution at the end of the rental period stated in the rental agreement without stating reasons. The rental agreement is explicitly not a standard rental agreement, but a contract of use in which temporary use of our facilities is stipulated.
8.1. The landlord cannot be held liable in any way; neither by the tenant, nor by users, clients and visitors. This applies to possible material and immaterial damage and/or business damage as a result of being at Mahara / Araham as well as to possible damage resulting from activities offered by tenants.
8.2. The tenant is liable for damage caused to the building, including the floors, walls, user materials or facilities, during the rented parts of the day.
9. Additional costs
9.1. If another tenant or landlord complains about the condition of a space left by the tenant, the landlord shall be entitled to charge costs, either one-off or in case of supervision for after each rented part of the day.
9.2. Costs incurred as a result of negligence, improper use, damage to floors, walls, user materials or facilities shall be at the tenant’s expense.
10. House rules
10.1. All tenants and users must be aware of the house rules and behave or act accordingly. The house rules can be requested from Mahara / Araham.
10.2. The tenant must inform its users about the existence and content of the house rules, and ensure that users comply with these house rules.
11. Amendment of this regulation
11.1. Changes or amendments to the general terms and conditions or the house rules can never lead to dissolution of the rental agreement, unless there is such a significant change or interest, which makes it impossible for the tenant to continue practising the purpose for which the room was rented.
12. Applicable law in the event of disputes
12.1. In the event of disputes between landlord and tenant, Dutch law shall apply.
12.2. Possible disputes will be submitted to the competent court in the place of residence of the landlord.