Terms and conditions

Article 1. Definitions

In these terms:

1. La Luna means La Luna Entertainment, Warande 34, 5555 AP Valkenswaard, Dutch Chamber of Commerce number 88344800.
2. Client means the person or legal entity commissioning La Luna to advise on, organise or deliver an event.
3. Agreement means the agreement between the client and La Luna.
4. Third parties means performers, production suppliers, and other parties engaged by La Luna for the assignment.
5. Project date means the first day of the agreed event.
6. Venue and time mean the agreed location and time of delivery.
7. Assignment means any instruction issued to La Luna by the client.
8. Force majeure means circumstances beyond a party’s reasonable control whose consequences could not be avoided despite appropriate precautions. This may include non-attributable acts or omissions by engaged third parties, such as illness or a performer’s failure to appear.

Article 2. Applicability

1. These terms apply to all proposals, agreements and resulting obligations between La Luna and the client.
2. The client’s own terms are excluded unless expressly accepted by La Luna in writing.
3. These terms also protect La Luna’s employees, assistants and engaged third parties.
4. Acceptance of an assignment or agreement constitutes acceptance of these terms.

Article 3. Quotations and formation

1. A quotation states its validity period and is non-binding unless stated otherwise. An agreement is formed once the signed quotation or confirmation is received in time.
2. La Luna is not bound by an obvious error which the client could reasonably have recognised.
3. Quotations and accompanying documents remain La Luna’s intellectual property and may not be shared or published without permission.
4. Work starts after receipt of the signed confirmation. Changes from that point may involve additional charges.
5. The client checks confirmations and invoices promptly and reports errors immediately.
6. Availability cannot be guaranteed when acceptance is late.
7. La Luna may cancel reserved services when a required deposit is not paid on time.
8. A person booking for a group of individuals is jointly and severally liable for the obligations under the agreement.

Article 4. Performance

1. The client provides all information and documents needed for proper delivery in good time.
2. La Luna performs the agreement to the best of its ability. Its services constitute a best-efforts obligation, not a guaranteed result.
3. After consultation, La Luna may engage third parties where necessary or desirable. Their costs are charged in accordance with the quotation or an additional agreement.
4. Delivery is based on the circumstances and information known when the agreement was concluded, including information supplied by third parties.

Article 5. Changes and additional work

1. La Luna may make necessary practical adjustments during delivery. Additional work and costs are charged to the client.
2. Requested changes will be made where possible if submitted in writing no later than fourteen days before the project date.
3. Additional supplier or production costs resulting from changes to time or venue are charged to the client.
4. Final times and venue details must be provided no later than three weeks before the project date. Limited changes remain possible until fourteen days before the event, provided they do not exceed 10% of the original agreement, unless agreed otherwise in writing.

Article 6. La Luna’s liability

1. La Luna exercises the care expected of a professional contractor.
2. Liability is limited to direct loss and to the invoice value of the defective part, the total value of the relevant order or the amount paid by La Luna’s insurer if that is lower.
3. La Luna is not liable for indirect, consequential or business loss, or for use outside the agreed purpose.
4. The client indemnifies La Luna against third-party claims exceeding La Luna’s liability to the client.
5. Claims must be reported in writing within eight days after the project date. Claims concerning a hidden defect expire one year after that date, to the extent permitted by law.
6. Where relevant, the client arranges suitable travel, cancellation and other insurance and valid travel documents, visas and vaccinations.
7. Special requests are addressed on a best-efforts basis and cannot be guaranteed.
8. La Luna is not liable for loss caused by force majeure.

Article 7. Client responsibilities

1. Materials supplied by La Luna or third parties must be returned in the same condition. Loss, damage and repair costs are payable by the client.
2. The client is responsible for the conduct of visitors and resulting damage.
3. The client obtains all required permits and bears the consequences and costs of missing or incomplete permits.
4. The client provides a safe working environment. La Luna may stop work immediately and terminate the agreement if conditions are unsafe, while retaining its claim for resulting costs and loss.
5. The person booking confirms authority to accept these terms on behalf of the relevant group.

Article 8. Force majeure

1. Obligations are suspended for the duration of a force-majeure event.
2. If the situation lasts three months, either party may terminate the agreement in writing without entitlement to damages.
3. La Luna may offer a suitable substitute where unforeseen circumstances prevent the original performance.
4. If performance becomes permanently impossible, the client pays a reasonable amount for work already completed and costs already incurred.
5. Each party informs the other as soon as possible of a potential force-majeure event.
6. La Luna may stop an event immediately if the client failed to provide information essential to safe or proper delivery.

Article 9. Cancellation by the client

Cancellation must be written and dated. Postponement is treated as cancellation unless the parties agree a new date and contract price in writing.

The following percentage of the full contract price is payable:

• Between 12 and 9 months before the project date: 10%.
• Between 9 and 6 months: 25%.
• Between 6 and 3 months: 50%.
• Between 3 and 2 months: 75%.
• Between 2 and 1 month: 85%.
• From 1 month before the project date up to and including that date: 100%.

The contract price includes the original amount and agreed changes. To the extent permitted by law, La Luna retains the right to claim additional actual loss and lost profit.

La Luna may suspend delivery where there are reasonable grounds to believe that the client will not meet its obligations.

Article 10. Prices

1. Unless stated otherwise, prices are exclusive of VAT, import duties and other levies and are expressed in euros.
2. La Luna may adjust the price when underlying costs increase after the agreement is concluded. For increases within three months, the client may terminate where required by law.
3. Hired materials remain the property of La Luna or the relevant third party unless agreed otherwise in writing.

Article 11. Payment

1. La Luna generally invoices a 20% deposit on confirmation, payable within fourteen days. The remaining 80% must be received no later than fourteen days before the project date. Foreign travel is paid fully in advance unless agreed otherwise in writing.
2. La Luna may cancel the assignment and terminate the agreement if the deposit is not paid.
3. Delay or changes caused by late payment are at the client’s risk.
4. After expiry of the payment term, the client owes statutory commercial interest plus 10%, to the extent permitted by law.
5. If payment remains outstanding after an additional written deadline, the client pays collection and legal costs. Extrajudicial costs may be set at 15% of the invoice with a minimum of €100 excluding VAT, without prejudice to a claim for higher actual costs.
6. The client may not set off an alleged counterclaim without written agreement.

Article 12. Suspension and termination

If the client fails to meet an obligation properly or on time, La Luna may suspend performance and/or terminate the agreement in whole or in part without court intervention, while retaining its right to damages.

In the event of bankruptcy, suspension of payments, closure or liquidation, agreements may be suspended or terminated and La Luna may require security for payment, to the extent permitted by law.

Article 13. Other provisions

1. Changes to or cancellation of flights and travel schedules by carriers or third parties are outside La Luna’s responsibility. Necessary additional costs are charged to the client.
2. Buma/Stemra or other rights-holder fees are payable by the client unless agreed otherwise.
3. Images in which guests are recognisable may be used for communications and social media unless the client objects in writing in advance. Any additional consent required by law continues to apply.

Article 14. Governing law and jurisdiction

1. Dutch law applies to these terms and all agreements with La Luna.
2. Disputes are submitted to the competent court in the ’s-Hertogenbosch district unless mandatory law designates another court.

Questions about these terms may be sent to info@lalunaentertainment.nl.