- General Conditions: these general conditions.
- Lessee: the person or organisation that leases one or more spaces and enters into the lease contract with the Lessor.
- Lessor: the Radboud Sports Centre Nijmegen, part of Radboud University Nijmegen.
- Contract: the contract concluded by and between the Lessor and Lessee for the lease and/or use of spaces and/or goods and/or facilities belonging to and/or provided by the Lessor and/or the hire of the Lessor's services.
- Student: a natural person in the possession of a valid student sports card issued by the Lessor.
- Lease Period: the period mentioned in the Contract, during which the Lessor leases and/ or provides to the Lessee, and/or allows the Lessee to use, spaces and/or goods and/or facilities and/or services.
- Lease Price: the price the Lessee needs to pay to the Lessor for the leased and/or used space, goods, facilities and/or services.
- Cancellation: if, after conclusion of the Contract but before the actual use of the object, the Lessee wishes to cancel the Contract.
- Offer: the cost estimate drawn up by the Lessor for the Lessee on the basis of the Lessee's wishes concerning the space and/or goods and/or facilities and/or services to be leased out and/or provided and/or made available by the Lessor.
- Option: an option on the lease of one or more spaces belonging to the Lessor.
- Option Holder: the person or organisation that has been given an Option by the Lessor.
- Sports Café: the café on the first floor of the Lessor's accommodation.
- These General Conditions apply to all Contracts, Offers and Options. If, in some cases, arrangements are made contrary to the provisions of these General Conditions, these arrangements will be explicitly stated in the Contract.
- Articles 3, 6, 7 and 8 do not apply to Students.
- By entering into the Contract, the Lessee declares to be familiar with, and to agree with, these General Conditions.
- Options are free of any obligation and may be acquired until one month prior to the date the prospective Lessee wishes to opt for.
- Options are valid for 30 days. However, if an Option has been agreed within three months of the desired commencement date of the lease, this Option will be valid for only one week. If no Contract has been concluded within this period, the Option will lapse.
- If, within the 30-day option period, a third party expresses the wish to lease or make use of the same spaces and/or goods and/or facilities, and/or hire services, within the Lease Period opted for, the Lessor will immediately notify the Option Holder. The Option Holder will then have a week to convert the Option into a Contract. If the Option Holder fails to do so, the Option will lapse.
4. Leased object
- The Lessor will lease to the Lessee the spaces and/or goods and/or provide the services stated in the Contract for the purpose indicated and described therein, and will make the spaces and/or goods and/or services available for the Lease Period indicated therein.
- The Lessee will accept the leased spaces and/or goods from the Lessor in the condition in which they are on the date on which the Contract is concluded. The spaces and/or goods and/or facilities and/or services made available will be described in detail in the Contract.
- The Lessee may not cause any nuisance or inconvenience when using the building or complex of which the leased space is a part and will ensure that any third party present on his behalf does not cause any nuisance or inconvenience either.
- The Lessee has the right and is obliged to use the common facilities and services which are or will be available in the interest of the proper functioning of the building or complex of which the leased space is a part.
- The Lessor shall have the right to make use of the roofs, outer walls, spaces not accessible to public or the Lessee, and appurtenances in the building or complex, as well as of gardens, grounds and other outdoor facilities of that building or complex, in order to attach advertising or other signs, or install aerial systems, or for other purposes, for his own benefit and for the benefit of the Lessee or any third party. If the Lessor wishes to exercise this right, the Lessor will inform the Lessee thereof and will take the Lessee's interests into account when exercising this right.
- The Lessee shall ensure that the required exemptions and/or permits have been granted, including occupancy permits required for the professional practice or business operations for which the leased space is used and/or intended. The costs involved shall be borne by the Lessee. The consequences of refusal or withdrawal of the above-mentioned exemptions and/or permits shall be borne by the Lessee. Refusal or withdrawal may give cause for termination of the Contract.
- Prior to the conclusion of the Contract, the Lessee should inspect the leased space in order to ascertain whether it is suitable for the purpose for which he intends to use it.
- The Lease Price for the space and/or goods and/or facilities and/or services will be determined prior to the conclusion of the Contract. The Lease Price must be paid in Dutch legal tender and shall be inclusive of VAT (if applicable).
- The Lessor has the right to demand securities from the Lessee prior to the actual use if the leased space, for example in the form of an advance payment of the total Lease Price (or part thereof) and the price of additional services.
- Unless otherwise agreed in the Contract, the agreed Lease Price will include the standard costs of water, lighting and heating.
- The Lease Price also includes the standard cleaning costs. If the leased space becomes extraordinary dirty as a result of the use by the Lessee, or if the space is used by a large number of people, additional cleaning costs will be charged to the Lessee.
- The Lease Prices stated in the Offer are subject to change.
- Payment must be made without delay or setoff, unless a situation occurs as specified in Article 7:206, paragraph 3 of the Dutch Civil Code.
- The rent owed, plus all that which is owed under the Contract, must be transferred to the bank account specified by the Lessor no later than the due date without any delay, deduction or setoff.
- If the payment term is exceeded, the Lessee shall be in default de jure. During the period of default, the Lessee will owe statutory interest on the Lease Price, on the understanding that part of a month will be counted as a full month. All judicial and extrajudicial costs incurred by the Lessor for enforcing compliance by the Lessee will be for the Lessee's account. These costs will be charged in accordance with the costs actually incurred and do not prejudice the Lessor's entitlement to the penalty referred to in Article 24.
In case of cancellation by the Lessee, the Lessee must inform the Lessor thereof by written notice, and the Lessor will then be entitled to charge compensation, without notice of default being required, on the basis of the following percentages of the agreed total Lease Price:
i. Up to the two months prior to the start of the Lease Period: 10 percent.
ii. Up to the one month prior to the start of the Lease Period: 30 percent.
iii. Up to the one week prior to the start of the Lease Period: 50 percent.
iv. From one week prior to the start of the Lease Period: 100 percent.
All this without prejudice to the Lessor's right to reimbursement of the special preparation costs incurred at the time of Cancellation and other costs incurred in connection with the Contract.
9. Termination by the lessor
- The Lessor shall be entitled to terminate the Contract prematurely without observing a notice period or to terminate the Contract immediately, without notice of default being required, if:
i. the Lessee fails to meet the obligations under the Contract;
ii. the Lessee (or users) make improper use of that which has been leased;
iii. the Lessee (or users) cause nuisance to third parties or the Lessor;
iv. If anyone who practises their profession within the context of the activity or activities offered by the Lessee is clearly incompetent;
v. the Lessee provides incorrect information to the Lessor or withholds correct information;
vi. the Lessee or the users disturb the peace, or cause nuisance;
vii. the Lessor's good name is compromised;
viii. the relationship(s) between the Lessee and other Lessees or between the Lessee and Lessor have become seriously impaired;
ix. the Lessee ceases to practise his profession in the leased space, wholly or in substantial part;
x. the Lessee loses legal personality, is dissolved or is in actual fact wound up;
xi. the Lessee has been granted a moratorium or is declared to be bankrupt.
10. Technical systems
- Technical systems may only be operated by the Lessor's employees and, after written permission has been granted, the Lessee's employees.
- The Lessor is not liable for any damage arising from technical breakdowns, unless there is proof of negligence on the part of the Lessor or of overdue maintenance being the cause of breakdown. The Lessee may not use technical equipment other than the technical equipment present or provided in the leased space, and/or bring along his/her own technical systems, without the Lessor's prior permission in writing.
11. Other facilities
- The Lessee may not provide or consume food and/or beverages other than food and/or beverages obtained from the Sports Café, without prior permission from the Lessor and Sports Café staff.
- The Lessee may only use general-purpose spaces for commercial purposes after the Lessor's prior written permission has been acquired.
- The Lessee shall not interfere with the operations of the Sports Café, and shall ensure that the users of the leased space do not do so either.
- The Lessee does not have the exclusive right to use the Sports Café, unless otherwise agreed with the management of the Sports Café.
- The Lessee will be responsible for the provision of first aid in the case of accidents involving personal injuries.
- The Lessor is not liable for any accidents/illnesses resulting from sports practised by the Lessee and/or the users of the leased space (visitors included).
- The Lessee is responsible for the employment of qualified supervisors in accordance with statutory regulations.
- If so desired, the Lessor may ask the Lessee for documentation proving that the supervisors are properly qualified.
- The Lessor shall not be responsible or liable in any way for damage to clothing and/or other goods owned by the Lessee or the users of the leased space, nor for clothing or goods that have gone missing or have been stolen.
12. Maintenance of the complex
- If, in the Lessor's opinion, work needs to be carried out in the accommodation or adjacent accommodations (maintenance, repairs, replacements or other work), or if such work is required in connection with government regulations or measures or public utility requirements, the Lessee shall allow those engaged to carry out the work to access the accommodation and carry out the work, and the Lessee shall tolerate the inconvenience the work may cause, without demanding compensation or termination of the Contract. The Lessor shall inform the Lessee in writing about the time the work will be carried out in a timely manner.
- The Lessor shall remedy all defects in the accommodation which prevent the Lessee from using the accommodation for the agreed activity within a reasonable term (depending on the nature and extent of the defect).
- If, as a consequence of the above-mentioned work or defect(s), the Lessee is unable to use the accommodation for the agreed activity, the Lessee will be entitled to a proportionate reduction of the Lease Price.
13. Prohibitory provisions and rules of order
- The Lessee shall not be allowed:
i. to have environmentally hazardous materials, including malodorous, flammable and/or explosive substances, in, on, or in the immediate vicinity of, the leased space, except if these materials are part of the normal operations of a profession or business;
ii. to subject floors and outdoor areas of the leased space and the building or complex of which the leased space is a part to loads that exceed the technically permitted maximum load or the maximum permitted load specified in the Contract;
iii. to use the leased space in a manner that causes soil pollution or other environmental pollution or may damage the leased accommodation or damage the appearance of the leased accommodation, which also includes using means of transport that may cause damage to floors and walls.
- the Lessee shall inform the Lessor in a timely manner about every alteration or addition the Lessee wishes to make in, on or to the leased space, such as name signs, advertisements, billboards, announcements, publications, buildings, wooden structures, displays, packing materials, goods, vending machines, lighting, sun blinds, roller shutters, aerials with fittings, flagpoles, rendering window panes opaque, etc.
- Alterations and additions shall also be onderstood to include making holes in the walls, floors, or pitches.
- The Lessee shall require the Lessor's prior permission in writing for altering the furnishings and fittings or the appearance of the leased space, unless the alterations and additions can be removed at hardly any cost at the end of the Lease Period.
- The Lessor shall be entitled to issue instructions as to how the alterations or additions desired by the Lessee must be made, for example, with regard to execution, place, size and choice of materials. The Lessee shall comply with the regulations set by the competent authorities with regard to alterations and additions.
- Alterations and/or additions made by the Lessee, whether or not with the Lessor's permission, shall not form part of that which has been leased.
- Insofar as not otherwise agreed by the parties in writing, alterations made by or on behalf of the Lessee must have been removed by the Lessee before the end of the Lease Period.
- The Lessee shall relinquish all rights to the alterations and/or additions made by him or on his behalf, which have not been removed at the end of the Lease Period, and shall refrain from instituting actions for unjustified enrichment in connection therewith, unless the parties have otherwise agreed in writing.
- Without the Lessor's prior written permission the Lessee shall not be permitted to enter or allow others to enter the service and plant room areas, roofs, gutters and areas not designated for general use in the leased space or the building or complex of which the leased space is a part, or to park vehicles in places other than those designated for that purpose.
- The Lessee shall comply with the regulations set by the government and other competent authorities and with the Lessor's verbal and written instructions with regard to loading and unloading (times, manner, etc.).
- The Lessor shall not be liable in any way whatsoever for any alterations or additions referred to in 13.2 and 13.3. Maintenance, repairs and replacements shall therefore be at the Lessee's expense.
- The Lessee shall keep fire fighting equipment and escape routes and emergency exits in the leased space free and clear at all times.
- If the leased space includes a lift, moving walkway, escalator, automatic door mechanism or similar facilities, or if the leased space can be reached by one or more of the said facilities (or similar facilities), the use of such facilities shall be entirely at a person's own risk. All regulations issued or to be issued by or on behalf of the Lessor, the installers concerned or the authorities must be carefully observed. If and for as long as this is necessary, the Lessor may put the said facilities out of operation without the Lessee being entitled to any damages or a reduction of the Lease Price.
- Where objects installed by the Lessee (including advertisements or other signs) must be removed temporarily in connection with maintenance or repair work to the leased space or the building or complex of which the leased space is a part, the costs of removal, possible storage and reinstatement shall be at the Lessee's expense and risk, regardless of whether the Lessor has given permission for the installation of the objects.
- The Lessee shall take appropriate steps in due time to prevent and limit damage to the leased space, such as damage caused by short circuits, fire, leakage, storms, frost and any other weather condition, and the inward or outward flow of liquids or gases. The Lessee shall inform the Lessor immediately if such damage or any other circumstance that may cause damage occurs or seems likely to occur.
- If the Lessee has access to the building or complex of which the leased space is a part, the foregoing shall also apply to this building or complex.
15. Liability of the lessee in the event of fire, indemnification of the lessor
- The Lessee shall be liable for damage suspected to have been caused by failure attributable to the Lessee, with the exception of damage to the exterior of the leased space.
- The Lessee shall indemnify the Lessor against penalties which are imposed on the Lessor for actions or negligence of the Lessee.
- The Lessee shall be liable for damage occurring as a result of alterations and additions made by him or on behalf of him. The Lessee shall indemnify the Lessor against claims from third parties for damage caused by alterations and additions in or to the leased space made by the Lessee.
- The Lessee shall be liable towards the Lessor for all material damage and/or physical harm suffered by the Lessor, his staff or his customers or suppliers as a result of actions, insofar as these actions may be considered a breach of contract or wrongful act in some form or other on the part of the Lessee, his staff or other persons (including visitors) involved by the Lessee during the term of the Contract. This shall also be understood to include damage caused by the presence, use, supply or removal of property of the Lessee, his staff or other persons involved by the Lessee in the performance of the Contract.
- The Lessee shall fully indemnify the Lessor against claims from third parties for compensation for any type of damage referred to in 15.4. If a third party commences litigation against the Lessor, the Lessor shall immediately inform the Lessee thereof and shall provide him with the necessary details. The Lessor shall refrain from action in all other respects, unless the Lessee gives him permission to do so or if the Lessee fails in his defence against a claim from a third party.
16. Liability of the lessor, defects
- The Lessor shall not be liable for damage as a result of a defect and, in the event of a defect, the Lessee shall not be able to demand a reduction of the Lease Price, claim damages and/or setoff, with the exception of the type of setoff as referred to in Article 7:206, paragraph 3 of the Dutch Civil Code.
- A defect in the leased space will be deemed to exist if, because of the condition of the leased space or a characteristic or other circumstance not attributable to the Lessee, the leased space does not provide the enjoyment the Lessee reasonably expected when he entered into the Contract. Weather conditions, impediments to the accessibility of the leased space, vacancies elsewhere, impediments to the supply of gas, water, electricity, heat, ventilation or air conditioning, faults of systems and equipment, inward and outward flow of gases or liquids, fire, explosion, and shortage of delivery or service shall not be construed as defects.
- The provisions of 16.1 do not apply in the following circumstances:
i. If a defect is the result of a serious failure attributable to the Lessor;
ii. If a defect was known to the Lessor at the time the Contract was concluded and the Lessor did not make any arrangements with the Lessee with regard to this defect;
iii. If the Lessor ought to have known about the defect at the time the Contract was concluded and the Lessee could not have known about the defect despite his obligation to inspect the leased space as described in paragraph 5 of Article 5.
17. Maintenance, repairs, replacements and inspections
- The costs of normal maintenance, repairs and replacements shall be borne by the Lessor, unless such work is required as a result of damage and/or defects as referred to in Articles 14 and 15, or if the provisions of Article 13 have not been complied with.
- The above-mentioned work shall be carried out by or on behalf of the Lessor and shall be carried out as soon as possible.
- The person(s) designated by the Lessor shall at all times have access to the accommodation in order to check whether the Lessee fulfils his obligations and/or whether accommodation is in need of repair and/or maintenance.
- The Lessee shall at all times be responsible for the presence of qualified supervisors and/or persons in the possession of a valid first-aid certificate.
19. Other obligations fo the lessee
- The Lessee shall be obliged to comply with all safety and order maintenance measures to be taken by the Lessor, and to do all that is necessary to ensure that visitors do likewise. Smoking is prohibited in all accommodations.
- The Lessee shall be obliged to allow access to all who have been authorised by the Lessor to enter the accommodation in the interest of the proper functioning of the buildings, systems and facilities.
- Without the Lessor's prior written permission, the Lessee shall not be entitled to charge entrance fees to visitors of the space(s) leased by the Lessee and/or the building or complex of which the leased space(s) are a part or any area thereof.
- The Lessee shall not be allowed to issue more tickets or admit more people than the maximum number as determined for the leased space by the Lessor.
- Without the Lessor's prior written permission, the Lessee shall not be entitled to organise or have someone else organise exhibitions in and/or in the vicinity of the leased space(s) in the buildings.
- The Lessor may require the Lessee to submit a Risk Assessment and Evaluation no later than one month prior to the commencement of actual use of the leased space. This Risk Assessment and Evaluation will then be assessed by the Department of Occupational Health and Safety and Environmental Service (AMD) of Radboud University Nijmegen. The Lessee shall be obliged to take all the necessary measures that will required on the basis of the AMD's assessment. In the event that the Lessee acts in contravention of the above provision, he shall forfeit to the Lessor an immediately due and payable penalty, equal to twice the daily rent applicable at the time, for each day that the breach continues, without prejudice to the Lessor's right to demand performance or rescission of the Contract and claim damages.
- If the Lessee gives publicity to a meeting or event in the leased space, he shall state clearly in all his communications that this meeting or event is organised by him. The Lessor may only be mentioned as proprietor of the venue.
20. Reletting / subletting
- Without the Lessor's prior written permission, the Lessee shall not be authorised to relinquish all or part of leased space(s) to any third party letting, subletting or allowing the use of the same, whether or not against payment.
- The Lessee should report imperfections of the leased space, technical systems and/or other facilities before conclusion of the Contract, or immediately after he has detected them, verbally and in writing to the Lessor.
- If the Lessee has not acted in accordance with the provision in the previous paragraph, he cannot claim that the leased space and/or technical systems and/or other facilities are not in line with what has been agreed, unless the imperfections occurred after the Contract was concluded and if it cannot reasonably be argued that he has not had the object properly inspected in advance.
- Other complaints or comments, if any, should always be reported to the Lessor in writing, unless it concerns an urgent matter. In that case the Lessee may submit a complaint verbally, which should later on be confirmed in writing.
22. Delivary at the end of the lease
- At the end of the lease or use, the Lessee shall deliver the leased space(s) to the Lessor at the time agreed in the Contract, entirely vacated, properly cleaned and in its original condition (normal wear and tear and ageing excepted). If no (certified) description of the leased space(s) was drawn up at the time the Contract was concluded, the Lessee should deliver the leased space(s) in such a condition as may be expected of a well-maintained object of the kind to which the Contract refers, without defects, unless the parties have agree otherwise in writing and normal wear and tear and ageing excepted.
- The Lessee will be presumed to have accepted the leased space(s) in good condition and without defects at the start of the Lease Period. The provisions of Article 7:224, paragraph 2 of the Dutch Civil Code shall not apply.
- If the Lessee has not vacated the leased space at the agreed time and has not restored it to its original condition, the Lessor shall be entitled to have the object restored to its original condition at the expense and risk of the Lessee.Any objects which the Lessee may be deemed to have abandoned by leaving them in the leased space on actually vacating the leased space may be removed at the expense of the Lessee by the Lessor, at the latter's discretion and without any liability on his account.
- All that which, after delivery and/or vacation of the leased space, proves to have been damaged or to have been lost, due to whatever cause, shall be repaired or replaced by the Lessor at the expense of the Lessee, without notice of default being required.
23. Regulations of the lessor
- The Lessee should familiarise himself with the regulations of the Lessor and shall be required to comply with them. These regulations can be obtained from the Lessor and are also available on the website.
- The Lessee shall inform all persons or organisations present on his behalf about the existence and the contents of these regulations, and will see to it that these persons comply with these regulations.
- If, after having received proper notice of default from the Lessor, the Lessee does not abide by the terms of the Contract and these General Conditions, the Lessee shall forfeit to the Lessor - insofar as no specific penalty has been agreed - an immediately due and payable penalty of €250.00 per day for each day that he continues to be in default. The foregoing does not prejudice the Lessor's entitlement to full compensation, insofar as the damage incurred exceeds the forfeited penalty.
25. Personal data protection act
- If the Lessee is a natural person, he/she will, by signing the Contract, authorise the Lessor to incorporate his/her personal details in a file and/or process them.
26. Property manager
- If a property manager has been or will be appointed by the Lessor, the Lessee may consult this property manager on all matters relating to the Contract.
27. Applicable law and disputes
- All Contracts to which these General Conditions have been declared applicable will be governed by Dutch law.
- The Lessor and Lessee will submit any dispute that may arise to the competent district court in Arnhem.
28. Final provisions
- If any part of the Contract or of these General Conditions should be void or voidable, this shall not affect the validity of the other parts of the Contract and these General Conditions. Instead of the void or voidable provisions, provisions which are valid and most closely approximate what the parties would have agreed if they had been aware of the voidability or nullity will apply in conformity with the provisions of Article 3:42 of the Dutch Civil Code.
- The Lessor is free to derogate from these General Conditions for the benefit of the Lessee.
- The Lessor reserves the right to amend these General Conditions. The Lessor shall inform the Lessee of all amendments in a timely manner.