Picknick Club © 2023
The Picknick Club: The Picknick Club is part of Nika Agency, located in Zwaag, and registered in the
trade register under Chamber of Commerce number 68352662.
Other party: the person who has accepted the validity of the general terms and conditions, namely:
Service: All work, in whatever form, that the Picknick Club has performed for or for the benefit of the
Fee: The financial compensation that has been agreed with the Other Party for the performance of
Client: the person who has given the order to organize a picnic or in whose name the Picknick Club
organizes a picnic. Until an agreement has been concluded, the client is also referred to as the
Agreement: the contract for the provision of services.
Article 1 – GENERAL
1.1 These terms and conditions apply to all quotations and invoices of the Picknick Club as well as to
agreements concluded with client(s), including amendments thereto, insofar as these terms and
conditions have not been deviated from in writing.
1.2 If one or more provisions of these general terms and conditions are null and void or should be
annulled, the other provisions of these general terms and conditions will remain fully applicable and
1.3 Any deviations from these general terms and conditions are only valid if they have been expressly
agreed in writing between the parties.
1.4 These General Terms and Conditions also apply to agreements with the Picknick Club, for the
implementation of which third parties must be involved.
1.5 The applicability of any purchase or other General Terms and Conditions of the Other Party is
Article 2 – FORMATION AND CONTENT OF THE AGREEMENT
2.1 The agreement of the assignment between the Picknick Club and the client is established by
agreement by e-mail or whats-app by the client to the Picknick Club to accept the offer and the
general terms and conditions.
2.2 All offers from the Picknick Club are without obligation and are valid for a maximum of 14 days
from the date of the offer. This period for acceptance expires at the moment when the period has
The offer is valid while stocks last. If the quotation is sent within 1 week before the start of the event,
an agreement on the quotation and the general terms and conditions will apply within 24 hours.
2.3 The travel costs from Alkmaar to location X are € 0.25 (excl. tax) per kilometer. The distance is
determined on the basis of the website of the ANWB. Obviously when you book an event at our
private venue in Alkmaar no travel costs will be charged.
2.4 Termination Agreement; the Picknick Club and the Other Party can terminate the agreement at
any time by mutual consent.
Both the Picknick Club and the Other Party can cancel the agreement at any time, with due
observance of a notice period of 3 weeks. Cancellations within 2 week will incur costs. See Article 9.
2.5 The Client has the option at all times to move the Picknick event of force majeure, see Article
12.5, up to a maximum of 3 weeks in advance. This must be given at least 72 hours in advance.
Article 3 – COOPERATION BY THE CLIENT
3.1 The Client must ensure that all data and documents, which the Picknick Club needs in its opinion
for the correct and timely execution of the assignment, are provided to the Picnic Club in a timely
manner and in the form and manner desired by the Picknick Club. are made available.
3.2 The client must ensure that the Picknick Club is immediately informed about facts and
circumstances that may be important in connection with the correct execution of the assignment.
3.3 Unless the nature of the assignment dictates otherwise, the client is responsible for the
correctness, completeness and reliability of the information and documents made available to the
Picnic Club, even if these originate via or from third parties.
3.4 Unless the nature of the assignment dictates otherwise, the client will deploy or have deployed
the personnel deemed necessary by the Picknick Club in order to enable the Picknick Club to carry
out the work. If specific personnel is required, this will be agreed and recorded in the order
3.5. The extra costs and extra fees resulting from the delay in the execution of the assignment,
caused by the failure to make the requested data, documents, facilities and/or personnel available,
or not to do so on time or properly, are for the account of the client.
Article 4 – IMPLEMENTATION OF THE AGREEMENT
4.1 The Picknick Club is only obliged to execute the assignment agreement after receipt of agreement
on the quotation by the client. And upon receipt of payment of the full invoice at least 48 hours in
advance and a deposit of 20% after approval quotation.
4.2 If and insofar as a proper execution of the assignment agreement requires this, the Picknick Club
has the right to enlist the help of third parties for the execution of the agreement. The application of
article 7:407 paragraph 2 and 7:409 of the Dutch Civil Code is expressly excluded.
4.3 The costs for the assistance of third parties and the costs related to the facilities reasonably
desired by those third parties shall be borne by the client. These costs are not included in the amount
agreed between the parties, unless expressly agreed otherwise in writing.
4.4 Persons other than those referred to in Article 4.2, such as suppliers, are engaged by and at the
expense of the client, unless the parties expressly agree otherwise in writing.
4.5 If the client wishes to involve third parties in the execution of the assignment, he will only
proceed to do so after having reached agreement with the Picknick Club, as the direct or indirect
involvement of a third party in the execution of the assignment can have a significant influence. have
on the ability of the Picknick Club to carry out the assignment correctly. The provisions of the
previous sentence apply mutatis mutandis to the Picknick Club.
Article 5 – CHANGING THE ASSIGMENT
5.1 If during the execution of the assignment it appears that it is necessary for proper execution to
change or supplement the work to be performed, the parties will adjust the agreement accordingly in
good time and in consultation.
5.2 If the change and/or addition to the agreement will have financial and/or qualitative
consequences, the Picknick Club will inform the client about this in advance.
5.3 The Picknick Club reserves the right to pass on to the client legally imposed price increases and
unexpected reasonably necessary higher costs that take place between the confirmation of the order
and its execution. The Picknick Club is obliged to inform and explain these price changes to the client
as soon as possible.
Article 6 – PAYMENT
6.1 The full payment of the agreed invoice must be paid in full at least 48 hours before the start of
the agreed date. We also kindly ask to do a deposit of 20% to confirm the booking.
6.2 Any objections to (the amount of) an invoice do not suspend the payment obligation for the
undisputed part of the invoice.
6.3 The Client who does not pay on time is in default by operation of law from the expiry of the
payment term, without any further notice of default being required. The Picknick Club is then
entitled to claim additional compensation for all costs already incurred in connection with the
6.4 The Picknick Club has the right to have the payments made by the client go first of all to reduce
the costs, then to reduce the interest that has fallen due and finally to reduce the principal sum and
the current interest.
6.5 In the case of an assignment given jointly, the clients are jointly and severally liable for the
payment of the full invoice amount, insofar as the work has been performed for the benefit of the
Article 7 – INVESTIGATIONS, COMPLAINTS AND COMPLAINTS
7.1. Complaints must be submitted to the Picknick Club in writing and with sufficient motivation
within 2 weeks after the day of the picnic. The notice of default must contain as detailed a
description as possible of the shortcoming, so that the Picknick Club is able to respond adequately. In
doing so, the Other Party should examine whether the quality and quantity of the delivered and the
Service performed correspond to what has been agreed, or at least meet the requirements that
apply to it in normal trade.
7.2 If the performance of the agreed work is no longer possible or useful, the Picknick Club will only
be liable within the limits of Article 10.
7.3 The right to a (partial) refund of the price, repair or replacement or compensation will lapse if
defects are not reported within the set period, unless a longer period ensues from the nature of the
Service or the circumstances of the case.
Article 8 – DISSOLUTION, TERMINATION, SUSPENSION, MOVEMENT OF THE AGREEMENT
8.1 If the Client does not fulfill an obligation under the Agreement, or does not do so in full, on time
or properly, the Picknick Club has the right to suspend the fulfillment of its obligations and/or the
Picknick Club is authorized to dissolve the Agreement with immediate effect. . Furthermore, the
Picknick Club is authorized to suspend the fulfillment of its obligations and/or to dissolve the
Agreement with immediate effect, if:
– after the conclusion of the Agreement, the Picknick Club has become aware of circumstances that
give good grounds to fear that the Client will not fulfill its payment obligation;
– the Client has not paid the deposit of 20% and paid the full amount 48 hours before the start of the
– the Client is declared bankrupt, submits a request for suspension of payment, requests application
of the debt rescheduling for natural persons, is confronted with an attachment of its property.
8.2 Dissolution takes place in writing or via Social Media and without judicial intervention. If the
Agreement is dissolved, the claims of the Picknick Club against the Client are immediately due and
8.3 If the agreement is dissolved, the claims of the Picknick Club against the client are immediately
due and payable. If the Picknick Club suspends compliance with its obligations, it retains its claims
under the law and the agreement.
8.4 If the client cancels an agreement (in writing) in whole or in part after agreeing the quotation, the
costs incurred by the Picknick Club, including the reimbursements to the third parties referred to in
Article 4.2, will be reimbursed in full or in part by the client as a result of this cancellation. :
– Cancellation > 3 weeks before event date, no costs charged
– Cancellation within 2 weeks before the event date, 20% costs will be charged for both the Picknick
Club and external parties, suppliers and/or third parties;
– Cancellation within 72 hours before the start of the event date. 50% costs charged for the Picnic
Club and 100% of the costs charged for external parties, suppliers and/or third parties;
– Cancellation within 24 hours before the start of the event date. 100% costs charged for both the
Picnic Club and for external parties, suppliers and/or third parties.
9.5 If the quotation and the general terms and conditions have been agreed, the client can move the
event date in consultation with the Picknick Club in the event of force majeure, see Article 12.5. This
must be reported to the Picknick Club in writing or via Social Media no later than 48 hours before the
start of the event date. In consultation, a new date will be planned up to a maximum of 4 weeks after
the initial event date. There are no costs attached to this.
Article 9 – LIABILITY
9.1 The Picknick Club will perform its work to the best of its ability and will observe the due care that
may be expected from a reasonably competent and reasonably acting colleague. If an error is made
because the client has provided incorrect or incomplete information to the Picknick Club, the Picknick
Club is not liable for the resulting damage. If the client demonstrates that it has suffered damage due
to an error on the part of the Picnic Club that would have been avoided if it had acted carefully, the
Picnic Club is only liable for direct damage up to a maximum of the agreed amount.
9.2 Direct damage is exclusively understood to mean: – the reasonable costs to determine the cause
and extent of the damage, insofar as the determination relates to damage within the meaning of
these terms and conditions; – any reasonable costs incurred to determine the failure of the Picknick
Club in the fulfillment of the agreement, if these can be attributed to the Picknick Club; – reasonable
costs incurred to prevent or limit damage, insofar as the client demonstrates that these costs have
led to limitation of direct damage as referred to in these general terms and conditions. Depending on
the material damage that has been made, we will charge a maximum of 30% of the total amount.
9.3 The Picknick Club is not liable for indirect damage, including consequential damage, loss of profit,
lost savings, damage due to business interruption, costs resulting from an order to pay legal costs,
interest and/or damage due to delay, damage as a result of providing inadequate cooperation and/or
or information from the client, and/or damage due to non-binding information or advice provided by
the Picnic Club, the content of which does not explicitly form part of the written agreement.
9.4 The limitation of liability laid down in paragraph 1 of this article is also stipulated for the benefit
of third parties engaged by the Picknick Club for the execution of the assignment as referred to in
9.5 The Picknick Club is not liable for damage to or destruction of documents during transport or
during sending by post, regardless of whether transport or dispatch is carried out by or on behalf of
the client, the Picknick Club or third parties.
9.6 The Picknick Club is not liable for damage, of any nature whatsoever, because the Picknick Club
relied on incorrect and/or incomplete information provided by the Other Party, unless this
inaccuracy or incompleteness should have been known to the Picknick Club.
If the Picknick Club should be liable for any damage, then the liability of the Picknick Club is limited to
the amount up to a maximum of once the amount stated in the invoice or to the amount covered by
the insurance policy taken out by the Picknick Club, increased with the deductible that the Picnic Club
bears in accordance with the insurance.
9.7 The Picknick Club follows the guidelines of the RIVM and the associated pandemic measures. This
means that the client is responsible for compliance with these rules. The Picknick Club cannot be held
responsible for any fines or any health issues related to a pandemic.
Article 10 – INDEMNIFICATION
10.1 The client indemnifies the Picknick Club against claims from third parties due to damage caused
by the client providing the Picknick Club with incorrect or incomplete information, unless the client
demonstrates that the damage is not related to acts or omissions that can be attributed to the client
or can be attributed to the client. caused by intent or gross negligence on the part of the Picknick
Club and unless any mandatory (inter)national law or regulation does not allow such a provision.
10.2 The client indemnifies the Picknick Club against claims from third parties with regard to
intellectual property rights on materials or data provided by the client, which are used in the
implementation of the agreement.
Article 11 – FORCE MAJEURE
11.1 Force majeure is understood to mean: any shortcoming that cannot be attributed to the
Picknick Club. Attribution does not take place if the shortcoming is not due to its fault, nor is it for its
account by law, legal act or generally accepted opinion. Illness and/or an accident also fall under
11.2 The Picknick Club will inform the Client of the force majeure in writing and/or through Social
Media as soon as possible, unless the Client’s address has not been made known to the Picknick Club,
nor can it reasonably be known. In that case, the client will be informed orally of the force majeure
as soon as possible.
11.3 The Picknick Club is at all times entitled to close off the site where the picnic will take place in
the event of force majeure. In a force majeure situation, consider the following calamities: closure
due to animal diseases, pandemics, oak processionary caterpillar, danger due to
thunderstorms/storm (damage) and/or snow and ice.
The Picknick Club cannot be held liable in such situations.
11.4 Insofar as the Picknick Club has already partially fulfilled its obligations under the agreement at
the time of the commencement of force majeure or will be able to fulfill them, and the fulfilled or to
be fulfilled part has independent value, the Picknick Club is entitled to respectively to be invoiced
separately to the client. The Client is obliged to pay this invoice as if it were a separate agreement
and with due observance of provisions 7.2, 7.4, 7.5 and 7.6.
11.5 If the event of a serious reason such as: bad weather: rain, hail, snow and strong wind gusts of
70 km/h or more, illness, death, the client has the option at all times, in consultation with the
Picknick Club, to change the date for the picknick. to be moved up to a maximum of 4 weeks in
advance. There are no costs attached to this. The Client must confirm this to the Picknick Club 72
hours before the initial date.
Article 12 – INTELLECTUAL PROPERTY
12.1 The Picknick Club reserves all intellectual property rights with regard to products of the mind
which it uses and/or has used and/or develops and/or has developed in the context of the
implementation of the agreement, and in respect of which it has or can assert the copyright or other
intellectual property rights.
12.2 The client is prohibited from multiplying those products, including computer programs, system
designs, working methods, advice, (model) contracts and other intellectual products of the Picknick
Club, in the broadest sense of the word, whether or not with the involvement of third parties. ,
disclose or exploit. Reproduction and/or publication and/or exploitation is only permitted after
obtaining written permission from the Picknick Club.
Article 13 – DISPUTES
15.1 Disputes between the Picknick Club and the client will be submitted to the competent court of
the place where the Picknick Club has its registered office.
15.2 The client has the right, within one month after the Picknick Club has invoked paragraph 1
against it, to choose the court that is competent according to the law for settlement of the dispute.
Article 14 – APPLICABLE LAW
Dutch law applies to every agreement between the Picknick Club and the client.