Booking conditions

Last update: February 1, 2023

1. Definitions

In these Terms and Conditions, the following definitions shall apply:

"Request": Customer's request to Partner for an Offer;

"Account": The User's Yoepie account and password-protected page(s) containing account information and account management functionalities. Associated with the Account is a User-specific unique username and password;

"Supplies": The additional provisions between Partner and User, as included in the Agreement relating to the nature of the agreed upon deliverables;

"Request Quotation Process ": The Request Quotation Process on the Website that User and Partner may use to record an Agreement;

"Booking Terms and Conditions": the present Booking Terms and Conditions of Yoepie;

"User": the natural person who has registered on the Website by creating an Account and (possibly) wishes to enter into an Agreement with a Partner, also referred to as "your", "you", yours" and "your";

"Children's Party": the children's party offered through the Website by Partner;

"Quotation": a quotation from Partner in response to the Application, containing the Children's Party offer, Price, Supplies and other relevant information;

"Agreement": The assignment agreement entered into between User and Partner;

"Partner": The (group of) natural person(s) and/or legal entity(ies) responsible for the execution of one or more Children's Party(s) offered on the website and when a Children's Party is booked commits to its execution as (joint) contractor;

"Price": The total price including VAT agreed by User and Partner for the execution of the Children's Party under the Agreement;

"Website and App": The website callable via the Internet with the address www.yoepie.nl, as well as other domain names and mobile applications (if any) associated with Yoepie, all operated by Yoepie;

"Yoepie": Yoepie Netherlands, a company registered in the Netherlands under number 88259994 with registered office in Amstelveen, Catharina van Clevelaan 46, 1181 BH.

2. Applicability

1. These Booking Conditions only apply to the use of the Website and App and therefore to the person who registers as a User on the Website and App. The Website is made available under the following conditions and these conditions therefore apply to all information and services provided and/or offered on or through this Website.
2. Deviations from these Booking Terms and Conditions are only valid if expressly agreed upon in writing in advance. Yoepie reserves the right to change the Booking Terms and Conditions from time to time. You are bound by the Booking Terms and Conditions published on the Website at that time. For booking contracts, the terms and conditions in effect at the time of booking remain in effect. If you do not agree to amended Booking Conditions, you may terminate or deactivate the Account.
3. Applicability of any of your terms and conditions (general or otherwise) is hereby expressly rejected.

4. Formation of Agreement

1. Through the Website, you can send the Partner a message about a Children's Party through the Request Quote process, check availability on a particular date and/or send a Request to a Partner. Making a Request is always without obligation. You will receive confirmation of the submission of a Request by separate email.
2. After submitting a Request, the Partner will usually respond to the Request via the Request for Proposal process within 24 hours. Through the Request for Proposal process, you will either be sent a Proposal or the Request will be rejected.
3. You have a duty to promptly report any inaccuracies or omissions in information provided to Yoepie and the Partner.
4. As long as you have not accepted the Quotation, the Partner has the right to withdraw your Quotation and enter into an Agreement with another User.
5. The Children's Parties you can book through Yoepie are sold by our Partners and not by Yoepie. We are only responsible for the Children's Party offer as an intermediary and therefore not a contracting party in the Agreement with the Partner.
6. The Agreement for the Children's Party is directly between you and the respective Partner. Yoepie therefore assumes no liability in connection with the performance of an Agreement. Please let us know if you encounter a problem or if the Children's Party does not meet your expectations at info@yoepie.nl. We will then do our best to help.
7. Our Partners may have their own terms and policies. It is the User's duty to thoroughly review all details, restrictions and conditions before entering into the Agreement with the Partner or booking the Children's Party.
8. If you are a consumer, you have legal rights in connection with services that are not performed in the manner you would expect or are otherwise not delivered as described. Information about your legal rights is available at www.consuwijzer.nl. Nothing in these Booking Conditions affects these legal rights.

5. Liability

1. Where we have been negligent and/or have breached a contractual obligation to you, we will be liable for any loss or damage that you suffer as a result, provided that such loss and/or damage is foreseeable. Loss or damage is foreseeable if it is a clear and direct consequence of our negligence or breach of contract or would have been considered by you and us as a possible direct consequence of it at the time we entered into a contract.
2. We accept no liability for the following types of damage or loss, whether due to breach of contract, tort (including negligence) or otherwise, even if the loss is foreseeable: loss of income - or revenue, loss of business, loss of profits, loss of anticipated savings, or waste of management or office time.
3. We do not exclude or limit our liability for death or bodily injury resulting from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited under Dutch law.

6. General.

1. Yoepie reserves the right to deactivate an Account in the event of a violation of these Booking Terms and/or when the User behaves in a manner that is inappropriate, violent or otherwise unacceptable toward our team or employees of a Partner, whether in communication via phone or email, or in person on location at the Partner.
2. If any of these Booking Terms are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term or condition shall to that extent be severed from the remaining terms and conditions which shall remain in force to the extent permitted by law.
3. These Booking Conditions are exclusively governed by Dutch law. All disputes arising from or relating to these Booking Conditions shall be settled exclusively by the competent court in Amsterdam.