General Terms and Conditions Onemeeting.com BV

General Terms and Conditions Onemeeting.com BV – Applicant/Booker

DEFINITIONS
The following terms are used in these general terms and conditions:
1.1 Offer: the offer(s) provided by Onemeeting to the applicant on the basis of his request.
1.2 Request : a request by the applicant to Onemeeting – either via Onemeeting.com or via the Meeting Expert(s) – to provide offer(s) for the request of the applicant.
1.3 Applicant: the natural and/or legal person(s) who submits an application to a location partner via Onemeeting, specifically via the online platform Onemeeting.com or via personal contact with Meeting Expert(s), on which location partner is asked to provide a quote via Onemeeting on the basis of the business agreement concluded between location partner and Onemeeting if a room is available.
1.4 Account : an account to be created or created by the user with which the user can gain access to the secure environment of Onemeeting.com in accordance with the provisions of these general terms and conditions by means of a general access domain with a login name and password to be provided by Onemeeting. , all this as referred to in articles 5.2 and 9.2 and 9.3 of these general terms and conditions.
1.5 Cancellation: the written or digital notification from the booker via Onemeeting to the location partner that one or more agreed catering services will not be used in whole or in part by the booker(s).
1.6 Best Available Rate (BAR) prices : these are variable prices that location partner states per request to Onemeeting for its locations.
1.7 Mediation agreement : an agreement between booker(s) and Onemeeting, whereby booker(s) instruct Onemeeting to mediate on behalf of booker(s) in order to establish a catering agreement between booker(s) and location partner in accordance with the booking( s).
1.8 Booking confirmation : the confirmation of the booking and catering agreement made known to Onemeeting by the location partner, which is communicated by Onemeeting to the booker(s).
1.9 Booker(s): the natural and/or legal person(s) who has (have) concluded one (or more) catering agreement(s) through the booking.
1.10 Booking : the choice made by the applicant to Onemeeting to accept a quote stated in the offer, in combination with entering into the brokerage agreement between the applicant and Onemeeting.
1.11 Booking value : the total price stated on the quote(s) that led to a booking, or that can be deduced from it, excluding administration costs. For the determination of the booking value, the quote(s) that have led to a booking, but for which the service has not yet been provided and/or has not yet been paid, are also taken into account.
1.12 Commission : the fee that location partner owes for the services of Onemeeting.
1.13 Guest : the natural and/or legal person(s) who will actually use the services agreed on the basis of the catering agreement(s) at the location.
1.14 User(s): the natural and/or legal person(s) who uses the Onemeeting.com platform, whether with or without an account.
1.15 Right of use: the right to access and the right to use the secure environment of Onemeeting.com that can only be accessed via an access domain with a login name and password, as further described in Article 6.1 of these general terms and conditions, which Onemeeting provides to the user who has an account to use this Onemeeting.com environment.
1.16 Catering agreement: the agreement between location partner(s) and booker(s) that is established by the booking.
1.17 Intellectual Property Rights (also referred to as: 'IP rights'): all intellectual property rights including but not limited to copyright, trademark, trade name, database and domain name rights and/or corresponding and/or related rights , at home and abroad, whether registered or not. Intellectual Property Rights also include, but are not limited to, applications with regard to and/or entitlements to such rights and/or licences, whether implied or not.
1.18 Location : the physical spaces of the location partner that are available (such as, but not limited to, meeting rooms, event halls, lobbies, conference halls, theaters, hotel rooms), as well as additional services to be provided by the location partner in connection therewith.
1.19 Location Page : An online web page where the location is described on Onemeeting.com.
1.20 Location partner : the natural or legal person who makes his business of providing catering services, who can make one or more locations available for use and who authorizes Onemeeting to conclude catering agreements on his behalf between the location partner and bookers and/or who Onemeeting instructs and/or gives permission to publish information about its location(s) on Onemeeting.com.
1.21 Meeting Expert : the Onemeeting employee who processes an applicant's application and contacts one or more location partners about this with the aim of meeting the applicant's needs and bringing about the conclusion of a catering agreement.
1.22 No show : not using a service to be provided on the basis of a catering agreement by or on behalf of booker(s) without cancellation.
1.23 Quotation : the written or digital proposal from location partner on the quotation request.
1.24 Request for quotation : a request by Onemeeting to a location partner to obtain a quotation addressed to the applicant, but to be submitted to Onemeeting, that meets, and if that is not possible, meets the request as closely as possible.
1.25 Onemeeting : the private company Onemeeting.com, registered with the Chamber of Commerce under number 31040772.
1.26 Onemeeting.com : the online platform of Onemeeting, on which location partners can promote and/or offer their services (as applicable) and on which potential applicant(s)/booker(s)/guest(s) can use the services offered on this platform can discover, search, compare and make a request/booking, as well as on which the catering agreements between the location partner and booker can be concluded. The applicant/booker has the choice to create an account on this platform, which can be logged in at any time, or to complete a web form to make an application/booking, after which the (catering) agreements between partner location and booker can be concluded, as referred to in Articles 5.2 and 9.2 and 9.3 of these general terms and conditions.
1.27 Personal data : all information about an identified or identifiable natural person (the 'data subject'), as referred to in Article 4 under 1 of the GDPR.
1.28 UVH : the Uniform Hospitality Conditions, as filed with the Chamber of Commerce in Woerden and registered there under number 40482082.
1.29 Web form : the web form that the requester/booker can fill in on the Onemeeting.com environment that is freely accessible – without the requester/booker having to log in to Onemeeting.com via a general access domain with a login name and password – and for which the applicant/booker therefore does not need an account.
1.30 Catering services: all services that can be provided by location partners within their services.
1.31 Provisional items / extras: items of which the actual number to be purchased is not yet known prior to the meeting / items that are additionally purchased on the day itself in addition to the predetermined agreements.
1.32 Handling fee: an alternative fee by the booker/applicant to Onemeeting for its mediation when a location partner does not pay commission to Onemeeting.

CHAPTER 1 – GENERAL
1. When do the general terms and conditions apply?
1.1 These general terms and conditions, as well as the UVH (except where deviated from) apply to the relationship between Onemeeting and booker(s) and are part of every (legal) act related to, but not limited to, a brokerage agreement and/or catering agreement, including the pre-contractual phase (from an application).
1.2 Various terms are used in these general terms and conditions. These terms are defined prior to Section 1 of these Terms and Conditions.
1.3 Deviations from these general terms and conditions are only valid insofar as they have been expressly accepted in writing by Onemeeting. As soon as a successive agreement is concluded (intermediation agreement and/or catering agreement), the deviation or the deviations will lapse, unless this is/are expressly agreed again.
1.4 In the event of a conflict of a provision from one of the following agreements, the agreement referred to below shall prevail:
• catering agreement
• brokerage agreement
• these general terms and conditions
• UVH (in derogation from article 2 UVH).
1.5 These general terms and conditions are expressly applicable to the exclusion of all other general terms and conditions, with the exception of UVH. If, in addition, other terms and conditions apply, the present general terms and conditions of Onemeeting will prevail in the event of a conflict.
1.6 Further (general) terms and conditions may apply to the Catering Agreement(s). If that is the case, this will be stated on the offer, brokerage agreement or catering agreement.
1.7 If one or more provisions of these general terms and conditions or the brokerage agreement or the catering agreement is/are void or voidable, the parties will consult and agree on a permitted provision that approaches the scope of the original provision as closely as possible, to replace the the original provision. Other provisions will then remain in force unchanged.
1.8 There is no hierarchy between the chapters of these terms and conditions. They should be understood in conjunction.
1.9 In addition to the conditions and agreements referred to in Article 1.4, specific conditions of the location partner apply in some cases. If so, these are listed in the offers possibly on the location page on Onemeeting.com.

2. What does Onemeeting do?
2.1 Onemeeting offers a service, both via the online platform Onemeeting.com and via the Meeting Experts, on which location partners can promote and/or offer their services and where potential guests/bookers can discover, search, compare and – either via Onemeeting.com, either the Meeting Expert(s) – can make a request and a booking.
2.2 Onemeeting acts as an intermediary, which means that applicant(s) by:
(i) make a request, instruct Onemeeting to make requests for quotations and present an offer;
(ii) to agree to an offer and to enter into a (contractually binding) relationship with Onemeeting (being the mediation agreement) and with the location partner (being the catering agreement).
Onemeeting itself is not a party to the catering agreement(s) that are concluded between location partner(s) and booker(s).

2.3 The mediation by Onemeeting mainly takes place as follows:
• The applicant submits an application;
• Onemeeting submits a request for quotation from one or more location partners;
• Location partner(s) brings one (or more) offer(s) to Onemeeting;
• Onemeeting makes an offer to the applicant;
• Applicant makes a booking, whereby he (1) becomes a booker and (2) enters into a brokerage agreement with Onemeeting and (3) enters into a catering agreement with location partner;
• Onemeeting communicates entering into this catering agreement and the booking to location partner;
• Location partner confirms the booking and entering into the catering agreement to Onemeeting;
• Onemeeting communicates this booking confirmation to the booker;
• Location partner invoices Onemeeting after the meeting in accordance with the Onemeeting.com billing guidelines;
• Onemeeting then invoices the booker/requester.

2.4 As a mediator, Onemeeting only takes care of entering into the catering agreement and invoicing the booking, unless otherwise agreed in writing between Onemeeting and location partner(s) or between Onemeeting and booker(s). Onemeeting is therefore in no way responsible for the services to be provided by location partner(s) to booker(s) and/or guest(s) in the context of the catering agreement(s), or for other services provided by location partner(s). services to be provided to booker(s) and/or guest(s).
2.5 The brokerage agreement between booker(s) and Onemeeting is concluded at the moment that Onemeeting receives the agreement of booker(s) on the offer, which communication is in writing (signed agreement) or digitally (by e-mail or via the personal account in the online portal Onemeet.com) can be done.
2.6 Booker(s) is/are obliged to pay Onemeeting the fee included in the aforementioned offer, as well as the provisional sums and extras referred to in Article 13, unless expressly agreed otherwise in writing.
2.7 If the offer for the final reservation contains inaccuracies, the booker must inform Onemeeting of this within three days after receipt of the communication about the booking confirmation, but at least prior to the meeting, in writing or digitally, failing which the booker/guest cannot rely on these inaccuracies against Onemeeting, nor against location partner(s).
2.8 Onemeeting reserves the right to limit, refuse, cancel or cancel a request and/or booking at any time.

3. What power of attorney do you give? (the so-called brokerage agreement)
3.1 The brokerage agreement between Onemeeting and booker(s) is concluded at the moment Onemeeting receives the agreement of booker(s) (to conclude the catering agreement(s) between booker(s) and location partner(s)).
3.2 Booker(s) gives, by confirming the offer via either Onemeeting.com or the Meeting Expert(s), written assignment to Onemeeting to conclude the catering agreement(s) with location partner(s) on behalf of booker(s) .
3.3 Insofar as the brokerage agreement(s) is/are concluded by booker(s) and/or on behalf of others, both the contracting booker(s) and the other booker(s) are jointly and severally liable for the full fulfillment of all obligations under the said brokerage agreement. (s) and the Catering Agreement(s).
3.4 Onemeeting can refuse to conclude a brokerage agreement at any time and for whatever reason, unless such a refusal takes place exclusively on one or more grounds referred to in art. 429 quater of the Penal Code and is thus regarded as discrimination.
3.5 Articles 6:89 of the Dutch Civil Code and art. 6:228 DCC excluded.
3.6 The brokerage agreement ends when the catering agreement(s) concluded through the intervention of Onemeeting between booker(s) and location partner(s) is/are completed, or the catering agreement(s) concluded through the intervention of Onemeeting is/are cancelled.
3.7 Onemeeting has the right to dissolve the brokerage agreement(s) without judicial intervention and without notice of default (default is assumed immediately) with immediate effect by means of a registered letter, if: a. the other party is in default;
b. the other party has taken a decision to dissolve the legal entity or company;
c. bankruptcy has been filed for or declared bankrupt in respect of the other party or suspension of payment has been applied for or granted, temporarily or otherwise;
d. the other party is in a situation of force majeure for more than 10 days.
3.8 In the event of dissolution by Onemeeting as referred to in the previous paragraph of this article, Onemeeting does not owe any compensation to booker(s) for any services not provided by location partner(s).
3.9 If the brokerage agreement(s) is/are dissolved before the catering agreement(s) concluded through the intervention of Onemeeting has/have commenced, the booker(s) will owe the amount that the booker(s) should to be paid on the basis of these general terms and conditions if the booker(s) would have canceled the brokerage agreement(s) at the time the brokerage agreement(s) is/are dissolved.
3.10 If booker(s) has/have paid an advance to Onemeeting in accordance with the provisions of these general terms and conditions, this amount will be due to Onemeeting and will be deducted from the compensation referred to above in this article.

4. What if you want to cancel or don't show up?
4.1 Booker is not authorized to cancel catering agreement(s) concluded through the intervention of Onemeeting, unless booker simultaneously and irrevocably offers to pay the amounts due for cancellation (cancellation amount). Any cancellation shall be deemed to include such offer. A cancellation and offer to pay the cancellation amount is deemed to have been accepted if Onemeeting does not immediately reject the offer. Cancellation must be made in writing or digitally and stating the date. No rights can be derived by the booker from a verbal cancellation. The provisions of UVH regarding cancellation and no show apply to the catering agreement(s).
4.2 Contrary to the UVH, Onemeeting is at all times entitled to cancel the location reserved by the booker, as stated in the brokerage agreement or the offer/booking/booking confirmation, before the day the catering service is to be provided.
4.3 Contrary to the UVH, Onemeeting is entitled - but is never obliged to do so - to determine that the booker does not owe any no-show costs if the location partner has still been able to rent out the location, at the sole discretion of Onemeeting.
4.4 Contrary to the UVH, Onemeeting is at all times entitled to make further agreements with the booker about the cancellation conditions. These appointments are offered by Onemeeting in the offer.
4.5 With due observance of the foregoing, Onemeeting is authorized to cancel a catering agreement concluded through its intervention, unless the booker and/or location partner(s) has/have indicated in writing within seven days after the conclusion of the catering agreement that Onemeeting waives its right to cancel with respect to it, provided that the booker and/or location partner(s) also unequivocally state that they waive their own right to cancel.

CHAPTER 2 – USE ONEMEETING.COM
5. What is the Onemeeting.com service?
5.1 Onemeeting offers a platform, both via Onemeeting.com and Meeting Experts, on which location partners can advertise, promote and/or offer their catering services (as applicable) and where the applicant/booker/guest can discover the catering services offered on this platform, search, compare and make a request/booking as well as conclude the mediation agreements with Onemeeting and the catering agreements with the location partner(s) via this platform.
5.2 With regard to making an application/booking as well as concluding the catering agreements with location partner(s) via the online platform Onemeeting.com, the applicant/booker has the choice to do this via:
1) an account to be created or created by the applicant/booker for the use of Onemeeting.com, or;
2) a web form that the applicant/booker can fill in on the Onemeeting.com environment.
5.3 The provisions of this chapter 2 of these general terms and conditions apply to the request, the booking and the conclusion of a catering agreement between location partner and applicant/booker via the online platform Onemeeting.com, therefore not via the Meeting Expert(s).

6. Intellectual Property Rights
6.1 All IP rights with regard to Onemeeting.com - including, but not limited to, the 'look and feel' (including infrastructure) of Onemeeting.com, the data and content posted by location partner(s) as well as the assessments of ( other) applicant(s)/booker(s)/guest(s) and translated texts – belong exclusively to Onemeeting and/or its licensors. These general terms and conditions as well as brokerage agreement expressly do not extend to full or partial transfer of the IP rights resting on Onemeeting.com. The applicant/booker with an account only acquires the revocable, non-exclusive, non-sublicensable and non-transferable right to use the account for Onemeeting.com, subject to the terms and restrictions of these terms and conditions.
6.2 The applicant/booker acknowledges all IP rights relating to Onemeeting.com of Onemeeting and/or its licensors and will refrain from any form of infringement of these IP rights. Copying, scraping, (hyper/partial) linking, publishing, promoting, trading, integrating, using, combining or using the content (including any translations thereof, the data and content posted by location partner(s), the assessments of (other) applicant(s)/booker(s)/guest(s) or the brand of Onemeeting is not permitted without explicit written permission from Onemeeting. Any unlawful use or any of the aforementioned actions or behavior constitute a serious infringement of the IP rights of Onemeeting and/or its licensors. 6.3 The applicant/booker indemnifies Onemeeting against all damage and claims from third parties that arising from infringements of IP rights by or on behalf of the applicant/booker.
6.4 The applicant/booker and users are not permitted to remove or change any indication regarding the IP rights.
6.5 If the applicant/booker finds any infringement of any nature whatsoever on the IP rights with regard to Onemeeting.com and/or if a third party invokes better or older rights with regard to Onemeeting.com, the applicant will / booker inform Onemeeting immediately. At Onemeeting's first request, the applicant/booker will provide all possible cooperation - in the broadest sense of the word - in order to help protect the IP rights of Onemeeting or its licensor or suppliers.
6.6 Without the express prior written permission of Onemeeting – which permission Onemeeting is never obliged to give and to which permission Onemeeting may attach further conditions – the applicant/booker is not permitted to take independent action – in any way whatsoever – against possible infringers of the (Intellectual Property) rights vested in Onemeeting.com, or to defend themselves – in any way whatsoever – against any claims of third parties against Onemeeting.com.
6.7 If Onemeeting, whether or not in collaboration with or on the initiative of the applicant/booker, (further) develops (new) applications/software/programs, the IP rights that will arise in that case will at all times be vested in Onemeeting. . If and insofar as any transfer of IP rights from the applicant/booker to Onemeeting is necessary for this, the applicant/booker hereby transfers, in advance, its (claims to) IP rights to those newly developed applications/software/software to One meeting.
If a (further) deed or another type of legal act is necessary, the applicant/booker hereby unconditionally and irrevocably undertakes to provide all necessary cooperation to effect the transfer of the said IP rights, at his own expense.
6.8 In the event that Onemeeting.com and/or – in the case of the applicant/booker with an account – the user right infringes the rights of third parties or in the event that, in the opinion of Onemeeting, there is a reasonable chance that such an could occur, Onemeeting is entitled to replace or change Onemeeting.com in such a way that the infringement is removed thereby and the functional properties of Onemeeting.com are affected as little as reasonably possible. Where applicable, Onemeeting is in no way obliged to compensate – as a result of that change – damage suffered by the applicant/booker or any third party.
6.9 If Onemeeting is of the opinion that replacement or modification as referred to in Article 6.8 (commercially or technically) is not feasible, it is entitled to block access to the account with immediate effect, to remove and terminate the account, without further or otherwise be liable to the applicant/booker for any damage or costs incurred by the applicant/booker as a result of this blocking, deletion and termination. Fees already paid by the applicant/booker and/or fees still owed – including, but not limited to, fees under the brokerage agreement(s) and/or catering agreement(s) – are under no circumstances subject to cancellation upon blocking. , deletion and termination of the account. The applicant/booker has no rights other than those described in these general terms and conditions.

7. Onemeeting.com application
7.1 The applicant/booker bears the risk of the selection, use and application of Onemeeting.com at all times.
7.2 The applicant/booker is responsible for the correct choice and the correct and adequate availability of the internet or other types of network options and/or infrastructure. Onemeeting is expressly not responsible for the purchase and/or proper functioning of the internet or other network options and/or infrastructure of the applicant/booker or those of third parties.
7.3 The applicant/booker accepts Onemeeting.com in the state it is in at the time of using the web form and/or creating an account ('as-is'), therefore with all visible and invisible errors and defects , without prejudice to Onemeeting's obligations under these general terms and conditions.

8. Terms of use and obligations of the applicant/booker in general
8.1 The applicant/booker is responsible for checking the settings, the use of Onemeeting.com and the way in which the results generated using Onemeeting.com, or the results of any other services provided by Onemeeting, are used, as well as the security procedures and adequate system management in its organization.
8.2 The applicant/booker and users are not permitted to modify, decompile, reproduce or translate the source code and/or object code or otherwise subject Onemeeting.com to reverse engineering.
8.3 The applicant/booker and users are not permitted under any circumstances to remove or circumvent technical provisions of Onemeeting and/or its licensors to protect Onemeeting.com.
8.4 The applicant/booker will do everything necessary to prevent Onemeeting.com from being infected with viruses, malware, trojan horses, DDoS attacks and/or equivalent through acts or omissions of the applicant/booker and/or users. threats.
8.5 The requester/booker and users are not permitted to 1) place data and/or content on Onemeeting.com and/or make statements through Onemeeting.com that may be deemed to be contrary to the law, good morals and the decency, which infringe on (Intellectual Property) rights of Onemeeting, its licensors and/or third parties, or 2) otherwise act defamatory or unlawful towards Onemeeting and/or third parties using or via Onemeeting.com, or 3) otherwise harm the rights of Onemeeting and/or third parties. The applicant/booker and users are only permitted to post data and/or content on Onemeeting.com or otherwise make statements via Onemeeting.com that are in accordance with the nature and purpose of Onemeeting.com and – in the case of an applicant/booker with an account – the purpose for which the right of use has been granted. The applicant/booker indemnifies Onemeeting against all damage and claims from third parties insofar as it cannot comply with the provisions of this paragraph.
8.6 Applicant/booker and users are not allowed to use Onemeeting.com to place tests, test requests, system tests or to create test accounts. If the applicant/booker and/or a user wishes to have a test account, he should contact Onemeeting.
8.7 Onemeeting has the right at all times – in the case of a requester/booker with an account – to block the access of the requester/booker (and via the requester/booker of users) to Onemeeting.com in whole or in part, temporarily or permanently. , immediately and without prior warning and to temporarily or permanently remove account(s) as well as the right to issue a warning to the applicant/booker – whether or not with an account – to terminate the service and/or to .com to adjust, change or delete data posted, in particular - but not limited to - if:
– the applicant/booker and/or a user acts/acts contrary to the brokerage agreement and/or these general terms and conditions or – if applicable – if the account ends for whatever reason;
– the applicant/booker and/or a user misuses Onemeeting.com, including – but not limited to – installing viruses;
– the applicant/booker and/or a user acts/acts in violation of the rights of third parties or laws and regulations;
– there is excessive load on Onemeeting systems;
– Onemeeting is of the opinion that actions of the applicant/booker and/or a user can cause damage or liability to the applicant/booker and/or a user themselves, Onemeeting and/or third parties;
all this at the sole discretion of Onemeeting.

Onemeeting will immediately follow court orders to remove data and other material, to deny access to the applicant/booker and/or a user or other court orders. Motivated requests from third parties for the removal of (allegedly) unlawful or infringing data or content will in principle be honored by Onemeeting promptly, but only if Onemeeting has been able to determine the unlawful or infringing nature of the relevant data or content or if it has sound reasons. to believe that the data or content is unlawful or infringing. Furthermore, Onemeeting is permitted to temporarily remove the data or content from Onemeeting.com in order to investigate a claim as referred to in the previous sentence. Onemeeting will inform the requester/booker of the removal of his data or content (or of the data or content of the user). Onemeeting will under no circumstances be obliged to refund paid fees or to pay compensation for any damage if a situation as referred to in this paragraph occurs.
8.8 The applicant/booker guarantees that users also comply with the conditions for the use of Onemeeting.com from these general terms and conditions. The applicant/booker indemnifies Onemeeting against all claims from third parties as well as against all costs and damages that Onemeeting suffers and will suffer as a result of non-compliance by the applicant/booker with the guarantee referred to in the previous sentence.
8.9 Without prejudice to the provisions of article paragraph 8.7, the applicant/booker will forfeit to Onemeeting an immediately due and payable fine of € 10.000 per violation of the provisions of article paragraphs 8.1 to 8.8, to be increased by € 1.000 for each day that the violation continues, without any judicial intervention being required, and without prejudice to all other rights of Onemeeting. Onemeeting reserves the right to claim full compensation for the damage suffered by it in addition to the fine.

9. Terms of use and obligations applicant/booker with account
9.1 The provisions of this article 9 only apply to the applicant/booker with an account.
9.2 The applicant/booker can create an account via Onemeeting.com. The applicant/booker can make a request/booking via this account as well as conclude brokerage agreements with Onemeeting and catering agreements with the location partner.
9.3 In order to enable the applicant/booker to use Onemeeting.com through an account, the applicant/booker gains online access to Onemeeting.com by means of an account to be provided by Onemeeting, which forms a general access domain with a login name and password. Onemeeting.com is hosted by Onemeeting.
9.4 The account of the applicant/booker may only be used by the applicant/booker for the purpose for which Onemeeting.com is suitable, but never in such a way that this use leads or can lead to any form of (commercial or non-commercial) exploitation – other than provided in these terms and conditions – from Onemeeting.com by the applicant/booker.
9.5 The Onemeeting.com made available – via the account – remains the property or Intellectual Property of Onemeeting and/or its licensors. The applicant/booker will not transfer, sell, rent, alienate, issue or establish/grant (limited) rights to the access or identification codes for the account for Onemeeting.com or the right to use Onemeeting.com to any third party.
9.6 The user is responsible for the management and security of all account login details provided under these terms and conditions. The user treats the access and/or identification codes confidentially and with care and only makes them known to authorized and sufficiently expert users.
9.7 The applicant/booker will use the login details made available to it and its users with regard to the account in a lawful manner and only for the purpose for which they were made available to it. The applicant/booker also ensures that users use the login details made available with regard to the account in accordance with the provisions of the previous sentence of this paragraph.
9.8 Onemeeting is at all times entitled to change the account login details assigned to the applicant/booker. Onemeeting reserves the right to refuse or cancel the use of Onemeeting.com at any time and to block and terminate access to the applicant/booker's account as well as to delete the account.
9.9 The applicant/booker and users are not permitted to copy, reproduce or publish Onemeeting.com in any other way or for a purpose other than for which Onemeeting has been made available to the applicant/booker via the account.
9.10 The applicant/booker must at all times:
– to prevent an unauthorized person from accessing, using or copying Onemeeting.com via the account, as well as to prevent any other unauthorized use of Onemeeting.com via the account;
– immediately inform Onemeeting in writing of all relevant facts and circumstances as soon as the applicant/booker discovers unauthorized use of Onemeeting.com.
9.11 Without prejudice to the provisions of article paragraph 8.7, the applicant/booker will forfeit to Onemeeting an immediately due and payable fine of € 10.000 per violation of the provisions of article paragraphs 9.2 to 9.9, to be increased by € 1.000 for each day that the violation continues, without any judicial intervention being required, and without prejudice to all other rights of Onemeeting. Onemeeting reserves the right to claim full compensation for the damage suffered by it in addition to the fine.

10. Warranties Onemeeting.com general
10.1 Onemeeting is not responsible for checking the correctness and completeness of the results of its services, including making available to Onemeeting.com – whether or not by means of an account – and the and/or generated and/or generated using Onemeeting.com. or data and other information offered (whether or not the data and/or other information made available by the location partner via Onemeeting.com or the information provided by (other) applicant(s)/booker(s)/guest(s) reviews provided). Onemeeting does not verify this data and other information and cannot guarantee that all data and information is accurate, complete or correct and therefore cannot be held responsible for any errors including glaring and typographical errors, which interrupt Onemeeting. com whatsoever (whether or not temporarily and/or partially). The applicant/booker will at all times check the results of Onemeeting's services and the data and other information generated by using Onemeeting.com. The applicant/booker will also check whether the data and other results of Onemeeting's services are suitable for the purpose for which he wishes to use them.
10.2 Onemeeting does not guarantee that third parties will not misuse (the account for) Onemeeting.com and/or the data of the applicant/booker – including but not limited to installing viruses and/or viruses by third parties. or expressing oneself in a manner that can be considered contrary to good morals and decency –, or that third parties infringe (Intellectual Property) rights or otherwise defamatory or unlawful acts using or via (the account for) Onemeeting.com. Onemeeting is never liable for damage or claims of the applicant/booker and/or third parties on that account.

11. Guarantees Onemeeting.com mbt account
11.1 The provisions of this article 11 only apply to the applicant/booker with an account.
11.2 Onemeeting is not obliged to have a fallback center or other fallback facilities with regard to Onemeeting.com, unless the parties have agreed otherwise in writing.
11.3 Onemeeting has Onemeeting.com hosted by a third party. It makes every effort to achieve the highest possible uptime, but cannot guarantee this. Onemeeting also cannot guarantee that Onemeeting.com will function without interruption and be accessible from any geographic location or at any time.
11.4 Onemeeting will make every effort to perform the service, including making (the account for) Onemeeting.com available, with care. All Onemeeting services are performed on the basis of a best efforts obligation.
11.5 Onemeeting can temporarily shut down (the account for) Onemeeting.com in whole or in part or temporarily suspend its services for preventive, corrective, adaptive or functional maintenance.
Onemeeting will – where reasonably possible – try not to allow the decommissioning to last longer than is strictly necessary, if possible outside office hours or – depending on the circumstances – only start with the maintenance after notification of this to the applicant/booker.

12. Software from suppliers
12.1 If and insofar as Onemeeting also makes software from third parties available to the applicant/booker, the (licensing) conditions of those third parties will apply to that software, with the exception of the deviating provisions in these general terms and conditions. . The applicant/booker accepts the aforementioned conditions of third parties. These terms and conditions are available for inspection by the applicant/booker at Onemeeting and Onemeeting will send them to the applicant/booker free of charge at his first request. Insofar as the aforementioned conditions of third parties are deemed not to apply or are declared inapplicable in the relationship between the applicant/booker and Onemeeting for whatever reason, the provisions of these general terms and conditions apply in full.

SECTION 3 – PAYMENT, PRIVACY AND LIABILITY
13. To whom and when do you pay?
13.1 The booker(s) does not owe any payment for the services of Onemeeting on the basis of the brokerage agreement(s), unless indicated otherwise (such as the administration costs and in certain cases a handling fee). Except for administration costs, Onemeeting does not levy any surcharges on the price(s) of location partner(s) as stated in the offer(s).
13.2 An exception is made to the previous paragraph only if the location partner does not pay a commission. In that case, the additional costs (a handling fee) will be stated in the offer.
13.3 The price stated in the offer is fixed. This means that location partner is obliged to use this price when booking. Any provisional sums are only eligible for reimbursement if the provisions of 13.4 have been met.
13.4 On location, extras can only be purchased on account and charged via Onemeeting, if these extra costs are signed for by an authorized person. A person is only mandated if this mandate and the person has been explicitly named via Onemeeting (in the offer or later correspondence) and if this mandate has been specifically described.
13.5 Provisional items that deviate from the provisions of 13.3 and 13.4 can only be made in the event of a further catering agreement via Onemeeting.
13.6 Booker(s) confirm/confirm and ensure/ensure that they (i) are authorized to use the credit card or other payment method associated with placing a reservation and that (ii) the information provided is correct and complete is.
13.7 The payment of booker(s) to location partner(s) pursuant to the catering agreement(s), as well as the administration costs for the invoices, will be invoiced and collected exclusively by Onemeeting. This applies to the price from the offer as well as other provisional items, provided that the latter have been approved by the authorized person by means of a signature. The authorized person is the person appointed by Onemeeting on the recommendation of the booker(s).
13.8 Onemeeting sends invoices for one-off and/or periodic payments in writing or digitally to booker(s).
13.9 Administration costs will be charged for invoices amounting to:
• € 6,50 for an invoice amount up to and including € 250,00 (incl. VAT)
• € 12,50 for invoices from € 250,00 (incl. VAT)
The amount of the administration costs shown here concerns the amount of the administration costs at the time these general terms and conditions were drawn up. The amount of the administration costs can be changed annually by Onemeeting.
13.10 Onemeeting reserves the right to adjust the indicated prices per season or as a result of legal regulations or provisions.
13.11 The invoice amount due must be credited to the Onemeeting account stated on the invoice within two weeks of the invoice date, unless agreed otherwise in the signed cooperation agreement. Booker(s) gives Onemeeting permission to share the shared information with third parties.
13.12 Onemeeting is entitled to charge booker(s) an advance. Onemeeting will send the booker a pro forma invoice for this.
13.13 The applicant(s)//booker(s)/guest(s) are obliged to make a down payment of 80% of the booking amount if: a. the (estimated) booking amount is equal to or higher than the ceiling amount of the applicant/guest/booker. b. the (estimated) booking amount is equal to or higher than € 7.500,00 incl. VAT.
a. the booker(s) owes Onemeeting the statutory interest pursuant to Article 6:119(a) of the Dutch Civil Code;
b. Onemeeting is entitled to hand over the claim to a third party for collection. Booker(s) must reimburse all judicial and extrajudicial (collection) costs related to the collection. The extrajudicial (collection) costs amount to at least 15% of the principal sum, with a minimum of € 150,00, excluding VAT, or at least the legally due rate;
c. Onemeeting is also entitled to suspend requests and/or bookings until payment has been made, without prejudice to the other rights in the event of default by the booker(s). Prior to the first booking of the booker(s), a credit check is carried out (if approved by the applicant/booker/guest) on the basis of which a ceiling amount is determined for the booker(s);
13.14 The applicant(s)/guest(s)/booker(s) are obliged to make a down payment of 100 EUR prior to the booking, or no later than four weeks prior to the date (of the meeting/meeting) on ​​which the Catering Agreement applies. % of the booking amount if:
a. there is a private applicant;
b. the invoice is addressed to an address outside the Netherlands;
c. the outcome of the credit check or the failure to do so gives rise to this, at the (exclusive) assessment of Onemeeting.
13.15 In addition to the previous paragraphs, applicant(s)/guest(s)/booker(s) may be bound by other specific down payment requirements of venue partner(s). If applicable, this is stated on the offer(s).
13.16 If the amount has not been credited to the account of Onemeeting at the time stated in paragraph 13.13, the booker(s) is/are in default. From that date is/are:
13.17 Booker(s) is/are entitled to propose changes to the invoices to Onemeeting up to 3 months after the invoice date, under penalty of forfeiture of rights. Changes will only be honored if it appears that the invoice is incorrect. Changes specified from 3 months after the invoice date will never be honored.
13.18 If there is a dispute between Onemeeting and booker(s) regarding an invoice, any undisputed part of the invoice will be paid in accordance with the provisions of this article, notwithstanding the status or nature of the dispute. Onemeeting is at all times, also in the event of a dispute, entitled to settle claims that Onemeeting has against booker(s) by means of set-off against claims that booker(s) have against Onemeeting for whatever reason.
13.19 As soon as the booker(s) has/have fulfilled the financial obligations arising from the offer(s) and/or catering agreement(s) to Onemeeting, this payment(s) is/are considered to be payment(s) liberating and location partner can do not claim costs directly from booker(s).

14. Confidentiality
14.1 The applicant/booker guarantees that all data and documentation received from Onemeeting of which the applicant/booker knows or should know that they are of a confidential nature will remain secret, unless a legal obligation, a court decision or an order issued to that effect by the competent authorities require disclosure thereof. The applicant/booker will only use said data and documentation for the purpose for which they were provided or became known to him when using the account and/or the execution of the catering and/or mediation agreement as well as the present general terms and conditions. The applicant/booker is permitted to share the confidential information with third parties, insofar as this is necessary for the normal use of the account and/or the fulfillment of the catering and/or mediation agreement as well as the present general terms and conditions, but only after written permission from Onemeeting. Onemeeting can attach conditions to the granting of permission. Data and documentation are in any case considered confidential if they have been designated as such by Onemeeting or if the applicant/booker should have understood the confidential nature thereof. The applicant/booker will ensure that this duty of confidentiality is also imposed on everyone – including users, who act under its authority or on its instructions – and will monitor compliance with it.
14.2 The obligations in this article 14 apply both during the term of a catering and/or brokerage agreement and after its expiry.
14.3 In the event of non-compliance with the provisions of this article 14, the applicant/booker will forfeit to Onemeeting an immediately due and payable fine of € 10.000 per violation, to be increased by € 1.000 for each day that the violation continues, without judicial intervention will be required, and without prejudice to all other rights of Onemeeting. Onemeeting reserves the right to claim full compensation for the damage suffered by it in addition to the fine. Onemeeting also reserves the right, in addition to the fine, to immediately suspend the provision of the account and/or the execution of the brokerage agreement or to dissolve or cancel it – without judicial intervention and without notice of default – provided that the violation – in the sole opinion of Onemeeting – is so serious that it is deemed to justify such a measure.

15. What do we do with your data?
personal data provided to Onemeeting – the data subjects as well as anyone whose personal data is provided to Onemeeting by the applicant/booker are informed of this privacy statement prior to this provision.
15.1 Onemeeting processes – in its capacity as controller – the personal data received from the applicant/booker/guest in the context of the mediation agreement and/or the account in accordance with the applicable privacy laws and regulations, including but not limited to the GDPR. .
15.2 The applicant/booker guarantees that the personal data that the applicant/booker provides to Onemeeting in the context of the brokerage agreement and/or the account have at all times been lawfully collected and in accordance with the provisions of the GDPR and other applicable privacy laws and regulations. processed and may in turn be lawfully processed by Onemeeting. The applicant/booker indemnifies Onemeeting against claims from those involved and/or third parties and/or fines from regulators in this regard.
15.3 Onemeeting uses a privacy statement. This privacy statement can be found at www.onemeeting.com/privacy-and-cookie-policy/. The applicant/booker ensures and guarantees that – insofar as the applicant/booker

16. What risks do you bear?
16.1 Onemeeting is, subject to the limitations mentioned below and to the extent permitted by law, only liable for direct damage actually incurred, paid or suffered due to a demonstrable failure by Onemeeting in an obligation with regard to its services, up to an aggregate amount of the combined cost of the booking (for one event or for a series of related events). Onemeeting is therefore in any case not liable for punitive damages, special, indirect or consequential losses or damage, loss of production, loss of profit, loss of income, loss of contract, loss or damage of goodwill or reputation, loss of any claim, or (personal) injury, death or immaterial damage.
16.2 Onemeeting cannot be held responsible for the correctness of the information provided (whether or not via Onemeeting.com and/or the Meeting Experts) about location partner and/or location. This information comes from location partner(s) and/or (in the case of an assessment) from (other) applicant(s)/booker(s)/guest(s). Onemeeting does not verify this information and cannot guarantee that all information is accurate, complete or correct and therefore cannot be held responsible for any error including glaring and typographical errors), any interruptions (whether caused by temporary and/or partial) defects, repair work, upgrading, maintenance of Onemeeting, inaccurate, misleading or untruthful information or failure to provide information.
16.3 No rights can be derived by applicant(s)/booker(s) from all requests to, or communication with location partner(s), or (all forms of) the confirmation of receipt of each message or request. Onemeeting does not guarantee that every request or message will be received, read, complied with, executed or accepted by location partner (properly and in a timely manner).
16.4 Applicant(s)/booker(s) must in any case observe the following when consulting Onemeeting.com and/or Meeting Expert(s): a. Obvious mistakes and (printing) errors are not binding .
b. All special offers and promotions are marked as such.
c. The currency conversion is for indicative purposes only and should not be considered accurate or up-to-date. Actual rates may vary.
16.5 Onemeeting.com is not (and should not be considered as) a recommendation or an endorsement of the quality, service level, rating or number of stars, or accommodation type of venue partner(s) (or its facilities, location( s), products or services) that are made available, unless explicitly stated otherwise.
16.6 Onemeeting is not liable for any damage resulting from a catering agreement concluded between booker(s) and location partner, whether or not through the intervention of Onemeeting¸ or from a brokerage agreement concluded between booker(s) and Onemeeting – including for incidental, special, exemplary, punitive or moral damage, consequential damage or damage otherwise - except insofar as this is the result of intent or gross negligence on the part of Onemeeting. Onemeeting is in no way liable for physical damage to applicant(s)/booker(s)/guest(s) caused by (other) guest(s), applicant(s) booker(s) or location partner. The applicant/booker agrees to indemnify and hold Onemeeting (and its employees, director(s) and shareholder(s)) harmless against all such claims.
16.7 Onemeeting itself is not a party to catering agreements that are concluded between booker(s), and thus guest(s), and location partner(s) and can never be held liable for any damage resulting from or related to the aforementioned agreements and /or acts or behaviors of guest(s). Onemeeting is in no way liable for any damage to location partner(s) and/or location(s) caused by guest(s) or booker(s).
16.8 As a mediator, Onemeeting only takes care of the reservation and invoicing of the booking, unless agreed otherwise in writing. Onemeeting is therefore in no way responsible for the services to be provided by location partner(s) in the context of the catering agreement(s) or for other services to be provided by location partner(s) to guest(s). Location partner is liable towards guest(s) for damage resulting from a shortcoming by location partner(s) in the fulfillment of the catering agreement(s), unless that shortcoming cannot be attributed to location partner or to employees of the location partner.
16.9 If Onemeeting, contrary to the above provisions, is nevertheless liable for any damage, this liability will be limited to the amount to which its liability insurance entitles it to payment where applicable.
16.10 Any (possible) claim or demand directed against Onemeeting or with regard to the catering agreement(s) or brokerage agreement(s) or the present general terms and conditions must be submitted to Onemeeting as soon as possible, but in any case within 30 days after the planned day of use of location(s), product or service. Any claim or claim made after the 30 day period may be denied and applicant(s)/booker(s)/guest(s) and/or third party(s) will forfeit any right to compensation (of damages or costs). to lose.
16.11 All claims of applicant(s)/booker(s) expire one year after the moment they arose.
16.12 Onemeeting cannot be held liable for fines and/or penalty payments imposed on applicant(s)/booker(s) due to non-compliance with provisions under the General Data Protection Regulation.
16.13 Applicant(s)/booker(s) indemnifies Onemeeting with regard to all claims of (other) applicant(s)/booker(s) guest(s) and/or location partner(s) and/or third parties for compensation of damage on the grounds of, but not exclusively on the basis of, shortcomings in the fulfillment of mediation agreement(s) concluded between booker(s) and Onemeeting and shortcomings in the fulfillment of catering agreement(s) concluded between booker(s) and location partner.
16.14 Booker(s) will immediately inform Onemeeting of facts and circumstances that (may) lead to the damage and/or claims referred to in the previous paragraph.

17. When is there force majeure?
17.1 There is no attributable shortcoming in the fulfillment of the obligations under the brokerage agreement as well as the present general terms and conditions by the parties in the event of force majeure. Force majeure includes: (1) (imminent) war, terror/terrorism, (2) pandemics and epidemics, (3) (imminent) natural disasters, (4) (imminent) armed robberies.
17.2 In the event of a malfunction in the facilities of the applicant/booker, including malfunctions of the internet, computer networks or telecommunication facilities, including hacking, malware, worms, computer viruses, trojans, logic bombs, denial of service tools (including DDoS attacks) and/or other types of viruses, and such a malfunction entails an additional burden on Onemeeting.com, Onemeeting has the right and will pass on any additional costs incurred as a result to the applicant/booker.

CHAPTER 4 – FINALLY
18. Changes to Terms and Prohibition on Assignment
18.1 Onemeeting reserves the right to make changes to and/or to expand the instructions drawn up for the implementation of the mediation agreement(s) and/or catering agreement(s), as well as to make changes to the Onemeeting formula, without this affects the validity of the agreement. Changes and/or extensions made by Onemeeting must be reasonable and may not conflict with these terms and conditions.
18.2 Changes to these general terms and conditions will be communicated to applicant(s)/booker(s) in writing, including a copy of the new applicable provisions. If the applicant(s)/booker(s) do not object in writing to the applicability of the current agreement(s) within one month after sending, the new provisions will govern the current agreement(s). If the applicant(s)/booker(s) does object in time, the old provisions and/or conditions will remain in force.
18.3 The booker(s) are prohibited from the mediation agreement(s) and/or catering agreement(s) towards Onemeeting, (other) applicant(s)/booker(s)/guests and/or location partner(s) and/or or to assign, pledge, transfer ownership under any title or (otherwise) encumber claims to a third party without the prior written consent of Onemeeting. Transferability of the aforementioned claims is excluded as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.
18.4 Consent by Onemeeting to debt assumption or contract assumption can only be assumed if Onemeeting has expressly indicated that consent in writing.

19. Disagree with Onemeeting?
19.1 These general terms and conditions, as well as the agreement(s) to which these terms and conditions apply, are governed by and interpreted in accordance with Dutch law.
19.2 All disputes, including those that are only regarded as such by one party, with regard to, arising from or related to the agreement(s) to which these provisions apply and/or these provisions, will be settled under Dutch law. by the competent court of the Midden Nederland District Court.
19.3 Applicant(s)/booker(s) will first report complaints and/or potential disputes to Onemeeting and/or (other) applicant(s)/booker(s)/guest(s) and/or location partner(s) and undertake to first reach an amicable solution together with Onemeeting and/or (other) applicant(s)/booker(s)/guest(s) and/or location partner(s), before Onemeeting and/or (other) to take legal action against applicant(s)/booker(s)/guest(s) and/or location partner(s). Complaints and claims regarding the catering agreement(s) and/or catering service(s) must, at the request of Onemeeting, be handled by location partner(s).
19.4 Notwithstanding the foregoing choice of law and jurisdiction clause, a natural person who uses the services of Onemeeting for a purpose that can be considered to be outside his trade, business or profession (a consumer) may invoke mandatory provisions of the law of the country where he/she has his/her habitual residence (i.e. stipulations to be applied regardless of this choice of law clause: mandatory provisions).

Copyright
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