General Terms & Conditions
Ban Kasa Dream Weddings
Kaya Kashimiri 59
Chamber of Commerce Curacao: 142176
The user of the general terms and conditions, namely BK Dream Weddings B.V. In these terms and conditions ‘Ban Kasa Dream Weddings’ means BK Dream Weddings B.V., doing business under the name of Ban Kasa Dream Weddings and having its official place of business in Curacao, registered in the commercial register under Chamber of Commerce number 142176 at Curacao.
‘Client’ means the person awarding the contract for the organisation of a wedding, or in whose name Ban Kasa Dream Weddings organises a wedding, engagement, or anniversary, or makes a reservation for that purpose. The client is also referred to as ‘inquirer’ until an agreement is entered into.
‘Supplier’ means the person who, in the course of his/her/its business, offers/supplies goods and/or services of a wedding to be organised by Ban Kasa Dream Weddings. Agreement: the agreement for the provision of services.
Article 1 – General
1.1. These terms and conditions apply to all offers and quotations made by Ban Kasa Dream Weddings and to agreements entered into with the client(s) and/or suppliers of services and/or goods for the purpose of the organisation and/or execution of weddings, in the broadest sense, unless these terms and conditions are varied in writing.
1.2. Should any stipulations contained in these general terms and conditions be void or be set aside, the other stipulations contained in these terms and conditions will continue to fully apply. Ban Kasa Dream Weddings and the client will, in that case, consult with each other for the purpose of agreeing on new stipulations to replace the stipulations that are void or set aside. Where possible, the purpose and scope of the original stipulation will be observed during these consultations.
1.3. The client agrees to the applicability of these general terms and conditions by entering into an agreement with Ban Kasa Dream Weddings or by the participation of or on behalf of the client in a Ban Kasa Dream Weddings’ wedding/activity.
1.4. These terms and conditions also apply to all agreements with the user, the performance of which may require the involvement of third parties.
1.5 Stipulations varying from these general terms and conditions are valid only if expressly agreed in writing.
1.6 The applicability of any purchase conditions or other terms and conditions of the client or the supplier is expressly rejected, unless these are agreed in writing.
Article 2 – Conclusion and Contents of an Agreement
2.1. The client’s oral (and/or telephone) or written (and/or e-mail) acceptance of a proposal submitted by Ban Kasa Dream Weddings constitutes an agreement. The client will receive a written confirmation of the agreement from Ban Kasa Dream Weddings.
2.2. The first proposal submitted is without any obligation to either party. No rights can be derived from misprints, typesetting errors, writing errors, or mutilated proposals.
2.3. If Ban Kasa Dream Weddings has been awarded the contract and has started the execution and/or alteration of a proposal, with no agreement for services having been entered into yet, the inquirer owes all the costs regarding preparations. These include, but are not limited to, investigation costs for the purpose of obtaining information not included in the quotation, costs regarding inspections of locations, and costs concerning consultation visits to the client.
2.4. All prices contained in proposals are exclusive turnover tax and other government levies.
2.5. If the acceptance varies from the contents of the proposal regarding minor stipulations, Ban Kasa Dream Weddings is not bound to it. The agreement is then entered into without agreeing to this varying acceptance, unless Ban Kasa Dream Weddings states otherwise.
2.6. A cost estimate does not require Ban Kasa Dream Weddings to perform part of the contract in return for a proportional part of the price quoted.
2.7. Offers and quotations do not automatically apply to future contracts.
2.8 The wedding planner cannot be held liable for any failure to perform a contract as a result of force majeure, such as stock depletion, deliveries not being delivered by the wedding planner’s suppliers, loss of goods, or non-performance of contracts as a result of accidents, strike, fire, flood, etc. This enumeration is not limitative. The wedding planner is not obliged to provide evidence concerning the unforeseeable nature of the circumstances that constitute the force majeure. The foregoing applies to the wedding lists and to the planning of the wedding and everything related to this. The wedding planners are obliged to limit the consequences by taking the necessary measures.
2.9 The prices of services and goods supplied by third parties (suppliers) are not included in the prices payable to Ban Kasa Dream Weddings. Any additional costs charged by suppliers or other parties must be borne by the client.
Article 3 – Performance of the Agreement
3.1. Ban Kasa Dream Weddings will perform the agreement to the best of its ability and in conformity with the requirements of a good wedding planner, all this based on the situation as it is known at the time.
3.2. Ban Kasa Dream Weddings has the right to have certain activities carried out by third parties if this is required to ensure that the agreement is performed well.
3.3. The client ensures that all data, which are required, according to Ban Kasa Dream Weddings, or which the client should understand to be required for the performance of the agreement, are supplied to Ban Kasa Dream Weddings in time. If the data required for the performance of the agreement are not supplied to Ban Kasa Dream Weddings in time, Ban Kasa Dream Weddings is entitled to suspend the performance of the agreement and/or to charge the client for the additional costs arising from the suspension, in accordance with the regular rates.
3.4. Ban Kasa Dream Weddings is not liable for damage and/or loss of any kind that may arise from Ban Kasa Dream Weddings having based its operations on inaccurate and/or incomplete data supplied to it by the client.
3.5. If Ban Kasa Dream Weddings or third parties engaged by Ban Kasa Dream Weddings perform activities that fall within the scope of an agreement at the client’s location or at a location designated by the client, the client has to bear the costs regarding facilities reasonably requested by said staff.
3.6. The client indemnifies Ban Kasa Dream Weddings as well as third parties engaged by Ban Kasa Dream Weddings against any claims by third parties who suffer damage and/or loss relating to the performance of the agreement and which can be attributed to the client.
3.7 Staff members, interns, and/or third parties are not entitled to bind Ban Kasa Dream Weddings as an entrepreneur in whichever manner. Contracts accepted by them are valid only after written confirmation by the wedding planner or by a staff member who has been authorized in writing to do so and confirmed to you by the wedding planner. We reserve the right to decline contracts or not to deliver goods for which we have not given such confirmation.
3.8 The client indemnifies Ban Kasa Dream Weddings and third parties working for Ban Kasa Dream Weddings against any claims by third parties who suffer damage and/or loss relating to the performance of the agreement and which can be attributed to the client.
Article 4 – Alterations to the Agreement
4.1. If, during the performance of the agreement, it becomes clear that the activities to be performed need to be altered or supplemented in order to ensure that the agreement is performed well, the parties will alter the agreement to that effect in time and by agreement.
4.2. If the parties agree to alter or supplement the agreement, the expected time at which the agreement is fully performed may change as a result thereof. Ban Kasa Dream Weddings will notify the client of this as soon as possible.
4.3. If the alteration to and/or supplementation of the agreement has financial consequences and/or consequences concerning the quality, Ban Kasa Dream Weddings will notify the client of this in advance.
4.4. Nothwithstanding paragraph 4.3., Ban Kasa Dream Weddings is not entitled to charge additional costs if the alteration and/or supplementation arises from circumstances that can be attributed to Ban Kasa Dream Weddings.
4.5. Ban Kasa Dream Weddings reserves the right to pass on statutory price increases, occurring in between the confirmation of the contract and its performance, to the client. Ban Kasa Dream Weddings is obliged to notify the client of such price increases and to clarify them.
4.6 If a fixed price has been agreed on, Ban Kasa Dream Weddings will also specify to what extent the alteration or supplementation of the agreement will cause this fixed price to be exceeded.
Article 5 – Terms of Delivery
5.1 If the client does not take delivery of the hired or delivered products and/or services on or before the agreed date of delivery, the client will be charged for these in accordance with the agreement, possibly plus charges for damage and/or loss and/or additional expenses suffered by Ban Kasa Dream Weddings.
5.2 The client’s request to alter the delivery dates can be granted only by mutual agreement and after the client has received a written confirmation by Ban Kasa Dream Weddings. All costs arising from this alteration are borne by the client.
5.3 If, during the term of the agreement, a supplier has exceeded the delivery term for the completion of specific activities, the wedding planner is not liable for the consequences of any kind in any event.
Article 6 – Payment
6.1.When the agreement is entered into, the client makes an advance payment of NAfl. 1000 , exclusive of 6% turnover tax on the price quoted. This amount must be paid within the set period of 14 days of the invoice date, unless otherwise agreed in writing between the client and Ban Kasa Dream Weddings. The remaining invoice amount must be paid no later than six (6) weeks before the wedding date. Following the wedding, the client may receive a final invoice based on actual costs for the costs that were not invoiced before and possible credit or debit entries deriving from alterations to the confirmation of the contract . This payment must be made in cash. Any complaints concerning the invoiced amounts do not suspend the payment obligation.
6.2. Any client that does not pay in time is in default by operation of law, without notice of default being required. In such case, Ban Kasa Dream Weddings is entitled to rescind the agreement or to demand full performance. Ban Kasa Dream Weddings is entitled to claim additional damages for all costs incurred in relation to the agreement and the client owes interest at the rate of 2% per month, unless the statutory interest rate is higher, in which case the statutory interest rate applies. The interest due on the amount payable is calculated starting from the day the client is in default until the time at which the full amount is paid.
6.3. In case of liquidation, insolvency, attachment, or suspension of payments of the client, Ban Kasa Dream Weddings’ claims against the client are immediately due and payable.
6.4. Ban Kasa Dream Weddings is entitled to use the payments by the client first to reduce the costs, then to reduce the accumulated arrear interest, and, finally, to reduce the principal sum and the interest currently accruing. Ban Kasa Dream Weddings may, without being in default as a result, refuse an offer for payment if the client indicates an alternative sequence of settling debts. Ban Kasa Dream Weddings may refuse payment in full if this payment does not also include payment of the accumulated arrear interest, the interest currently accruing, and the costs.
6.5. If the client is in default of the performance of one or more of his/her/its obligations, all costs incurred to obtain payment extrajudicially must be borne by the client. If the client remains in default of the timely payment of a sum of money, he will incur an immediately payable penalty of 25% on the amount owed, with a minimum penalty of NAfl. 1000 , exclusive of 6% turnover tax and without prejudice to any legal and enforcement costs.
6.6. The client owes interests on the collection costs incurred.
6.7 Ban Kasa Dream Weddings reserves the right to claim the full amount if there are valid reasons to do so.
6.8 Furthermore, Ban Kasa Dream Weddings is entitled to pass on to the client suppliers’ price increases if the rates related to, for example, wages and products, have increased in between the time the offer was made and the delivery time.
6.9 Furthermore, if, in the course of the performance of the activities it becomes clear that the amount of work initially agreed on or expected was misjudged to such an extent at the time the agreement was entered into, and this misjudgement cannot be attributed to Ban Kasa Dream Weddings, that Ban Kasa Dream Weddings cannot reasonably be expected to perform the agreed-upon activities in return for the price initially agreed on, Ban Kasa Dream Weddings is entitled to increase the agreed-upon amount in the proposal. In that case, Ban Kasa Dream Weddings will notify the client of the intention to increase this amount. In this notification, Ban Kasa Dream Weddings will specify the amount of the increase as well as the date on which the increase will become effective.
6.10 If Ban Kasa Dream Weddings has incurred higher costs that were reasonably necessary, these costs must also be reimbursed by the client.
Article 7 – Inquiries, Claims, and Complaints
7.1. Complaints need to be substantiated and submitted in writing to Ban Kasa Dream Weddings within five working days of the wedding date. The notice of default must contain a description of the shortcoming, as detailed as possible, so the user can adequately respond. Submitting a complaint does not release the client of his/her/its obligation to Ban Kasa Dream Weddings to pay the invoices submitted in time.
7.2. Ban Kasa Dream Weddings needs to be enabled to examine submitted complaints immediately. If it considers the complaint to be valid, it can choose to pay reasonable compensation up to the invoice value of the delivered products and/or services or to replace the delivered products and/or services for free after these have been returned in their original condition.
7.3 If a claim is valid, the user will perform the activities in the agreed manner, unless, at that point, this has become demonstrably pointless for the client. The client must notify the client of the latter in writing.
7.4 If performance of the agreed-upon activities is no longer possible or worthwhile, the user is only liable within the limits of Article 9.
Article 8 – Cancellation, Termination, and Suspension of the Agreement
8.1. Ban Kasa Dream Weddings is entitled at all times to reject and/or terminate an agreement or alterations thereto if the contract is contrary to the law or other provisions prescribed by the government. Ban Kasa Dream Weddings is also entitled to terminate/reject an agreement if, in its opinion, its contents can damage the interests and/or reputation of its business.
8.2. If the safety of guests, staff, and/or contracted parties cannot be guaranteed sufficiently or in case of improper use of the materials made available, Ban Kasa Dream Weddings is entitled, at its own discretion, to deviate from the agreement that has been entered into or to rescind it, in full or in part, with the party in breach bearing the costs involved.
8.3. If the agreement is cancelled by the client, Ban Kasa Dream Weddings is entitled to compensation for the plausible loss resulting from lower capacity utilization arising from this cancellation, unless the cancellation is based on facts and circumstances that can be attributed to Ban Kasa Dream Weddings. In that event, the client is also bound to pay invoices for the activities already performed.
8.4. Ban Kasa Dream Weddings is entitled to suspend the performance of its obligations or to rescind the agreement if the client does not perform the obligations arising from the agreement or fails to perform these in full and/or if, after learning of specific circumstances after the agreement has been entered into, Ban Kasa Dream Weddings has good grounds for fearing that the client will not perform his/her/its obligations and/or if the client, at the time the agreement is entered into, has been requested to provide security for the performance of his/her/its obligations arising from the agreement and the security is insufficient or no security is given.
8.5. If the agreement is rescinded, Ban Kasa Dream Weddings’ claims against the client are immediately due and payable. If Ban Kasa Dream Weddings suspends the performance of the obligations, it will retain its claims arising from the law and the agreement.
8.6. Ban Kasa Dream Weddings will retain its right to claim damages at all times.
8.7. Ban Kasa Dream Weddings advises the client to take out wedding insurance.
8.8. If the client cancels an agreement, in full or in part, the costs incurred by Ban Kasa Dream Weddings, including payments to third parties, as a result of this cancellation will be fully reimbursed by the client. The cancellation charges amount to 50% of the total sum of the contract if cancelled at least 6 weeks before delivery, or 90% of the sum of the contract if cancelled 1 to 6 weeks before delivery, or 100% of the sum of the contract if cancelled in the final week before delivery, while cancellation on the day of the wedding implies full payment of the price agreed on for the specific wedding by the client to Ban Kasa Dream Weddings, in which case the amount is always at least equal to the real cancellation costs that Ban Kasa Dream Weddings will have to pay third parties if the contract is cancelled, plus 15% administrative costs on the sum of the complete contract .
8.9 If Ban Kasa Dream Weddings terminates the agreement, the user, in consultation with the client, will arrange for transfer of the activities that still need to be performed to third parties, unless the termination is based on facts and circumstances that can be attributed to the client.
8.10 The user is entitled to suspend the performance of the obligations or to rescind the agreement if: (i) the client does not perform the obligations arising from the agreement, or fails to perform these in full, (ii) the user learns of specific circumstances after the agreement has been entered into, giving it good grounds for fearing that the client will not perform his/her/its obligations. If there are good grounds for fearing that the client will only perform partly or inadequately, the suspension is allowed only if justified by the shortcoming; (iii) the client has been requested to provide security for the performance of his obligations arising from the agreement at the time the agreement is entered into and the security is insufficient or no security is given.
8.11 Furthermore, the user is entitled to rescind the agreement, or to have it rescinded, if circumstances arise which are such that performance of the agreement is impossible or, according to the standards of reasonableness and fairness, can no longer be required or if any other circumstances arise which are such that unaltered continuation of the agreement cannot reasonably be required.
8.12 The user will retain its right to claim damages at all times.
Article 9 – Liability
9.1 If Ban Kasa Dream Weddings is liable, this liability is limited to the terms of this stipulation.
9.2 If Ban Kasa Dream Weddings is liable for direct damage and/or loss, this liability is limited to the part of the contract the liability pertains to. The liability is at all times limited to the amount of the payment paid to Ban Kasa Dream Weddings by the insurer in that case.
9.3. ‘Direct loss’ is understood to mean exclusively:
– the reasonable costs incurred to identify the cause and extent of the damage and/or loss, where this identification is related to costs within the context of these terms and conditions; ·- the possible reasonable costs incurred to conform the inadequate performance of Ban Kasa Dream Weddings to the agreement, unless it cannot be attributed to the user;
– reasonable costs incurred to prevent or limit damage and/or loss, where the client proves that these costs have led to a limitation of direct damage and/or loss as referred to in these general terms and conditions.
9.4. Under no circumstances is Ban Kasa Dream Weddings liable for indirect damage and/or loss, which includes consequential damage and/or loss, lost profit, lost savings, and loss due to business interruption.
9.5 The limitations of liability for direct damage and/or loss contained in these terms and conditions do not apply if the damage and/or loss can be attributed to the intent or gross negligence of the user.
9.6. Under no circumstances is Ban Kasa Dream Weddings liable for damage and/or loss caused through the actions of third parties, including suppliers and others .
Article 10 – Indemnification
10.1 The client indemnifies Ban Kasa Dream Weddings against any claims by third parties regarding intellectual property rights established on materials and data supplied by the client that are used in the performance of the agreement.
10.2. If the client provides Ban Kasa Dream Weddings with data carriers, electronic files, software, etc., the client guarantees that the data carriers, electronic files, or software contain no viruses or defects.
Article 11 – Force Majeure
11.1 The parties are not obliged to perform any obligation if they are prevented from doing so as a result of a circumstance that is non-imputable and is not a cause for which the parties are accountable by law, by a juristic act, or according to generally accepted standards.
11.2. In the present general terms and conditions, force majeure is understood, in addition to the legal definition and interpretation of the term, to include all exterior causes, whether anticipated or not, over which the user cannot exercise any control, but which prevent the user from being able to perform its obligations.
11.3. The user also has the right to invoke force majeure if the circumstances that prevent further performance arise after the user should have performed its obligations.
11.4. The parties may suspend the obligations arising from the agreement while the force majeure remains in effect. If the period within which the force majeure remains in effect exceeds two months, either party is entitled to rescind the agreement; no liability to pay any damages to the other party arises in such case.
11.5. If the user has partly performed its obligations arising from the agreement at the time of commencement of the force majeure, or will be able to perform these obligations, and the obligations performed, or to be performed, have an independent value, the user is entitled to invoice the part of the agreement performed, or to be performed, separately. The client is obliged to pay this invoice as if it were a separate agreement.
Article 12 – Confidentiality
12.1. Both parties are under an obligation to preserve the confidentiality of all confidential information they have received from each other or from a different source within the scope of their agreement. Information is considered confidential if this has been stated by the other party or if this is implied by the nature of the information
12.2. If, based on a statutory provision or a court decision, the user is obliged to disclose confidential information to third parties designated by the law or by the competent court, and the user cannot, in this matter, invoke a right of nondisclosure, statutory or recognized or permitted by the competent court, the user is not obliged to pay damages or compensation and the other party is not entitled to rescind the agreement on the basis of any damage and/or loss resulting from this.
Article 13 – Disputes
13.2. The parties will refer a dispute to a competent court at Curaçao only after they have made every effort to resolve a dispute in consultation.
Article 14 – Governing Law
14.1 All agreements between the user and the client are governed by the law of Curaçao.
Article 15 – Alterations, Interpretation, and Location of the Terms and Conditions
15.1 These terms and conditions are filed with the Registry of the Court of First Instance of Curaçao.
15.2. The Dutch text of these terms and conditions is decisive in the interpretation of the contents and scope of these general terms and conditions.
15.3 The most recently filed version of the terms and conditions and/or the applicable version at the time the agreement was entered into will apply at all times. All rights reserved.