General Conditions

Whereas:

• The aim of the Stichting Bureau Toerisme Laag Holland (hereinafter 'BTLH') is to inform visitors to Laag Holland about facilities and events available in the region, as well as to market and promote the Laag Holland region with the overall objective of positioning the region as an attractive destination for leisure activities and (multi-day) stays.
• BTLH achieves this goal by publishing a Database of high-quality and reliable Content from the Laag Holland Holland region using Website(s);
• BTLH for this purpose allows users to upload their own Content to the Database using the login module, to promote the supply and timeliness of the information;
• BTLH may also further distribute the Content on other websites or through other expressions;
• BTLH, in furtherance of the legality of the Content on the Website(s), applies the following terms and conditions relating to the use of the Website(s).

Definitions

Terms indicated in these conditions with an initial capital letter shall have the meaning ascribed to them in this article.

1. Bureau Toerisme Laag Holland (BTLH), located at Waterlandlaan 81 in Purmerend, registered with the Chamber of Commerce under number 51504138, administrator of the Website(s) and Database.
2. Content: all company data, events, activities and other information uploaded by User into the Database or otherwise shared with or made public by BTLH, which in any case includes (but is not limited to): text, scripts, graphics, images, photographs, sound, music, videos, audiovisual combinations and other materials that may be loaded, created, edited or otherwise observed on the Website(s).
3. Database: the data collection of BTLH, consisting of the Content and all other information originating from BTLH, Users or third parties.
4. User: the natural or legal person and (end) user who uses the Website(s) and manages the content of the company profile.
5. Website(s): www.laagholland.com/en, whether or not future linked websites, domains, apps, interfaces, digital platforms, forms of expression or channels, including any supplements, components and successors thereto operated by or on behalf of BTLH.

2.General

1. Any use of the Website(s) by User is subject to these terms and conditions, which in any case include (but are not limited to) any use and/or upload or modification of Content by Users on the Website(s). By using the possibility to upload Content on the Website(s), User agrees and is bound by these terms and conditions.
2. Entry and management of User Content in the Database is provided by User. Access is only possible by logging into the company profile via the login module.
3. User can create a company profile after BTLH has sent a password and an activation code with which User can activate and use the profile.
4. BTLH reserves the right to refuse an application for a company profile or to cancel the company profile after registration, for example (but not exclusively) due to use in breach of these terms and conditions.
5. The login details are confidential and may not be made available to third parties, and User will immediately alert BTLH in case of suspicions that the company profile is being used by third parties or there are other irregularities.
6. User is at all times fully and independently responsible and liable for the use of his login data and/or company profile on the Website(s).

3.Upload and user conditions Website(s)

1. User can upload Content on the Website(s) via the company profile, which is bound by these terms and conditions.
2. User may, under these terms and conditions add, modify or delete Content at any time.
3. The following additional rules apply to the uploading of business activity(ies) by User:
   1. The business activity must always take place at the location entered in the Database.
   2. It must be clear to visitors of the Website(s) that the business activity belongs in the category chosen by User. This can be done by writing a good introductory text (a hotel bar is not just a pub yet!).
   3. The User's organisation is the owner/executive body of the activity or has explicit permission from the owner/executive body to enter this business activity in the Database.
   4. Events and performances should never be seen as a business activity and should be registered as an event/performance in the appropriate section of the Database.
   5. Entry in the cycling routes or walking routes category is only permitted with the prior consent of BTLH. Only routes that can be walked/cycled by anyone will be posted in these categories. These routes may only be added by the owner of the route, which means that the User must be the founder, creator or operator of the route or have a similar relationship in relation to the route.
   6. All business activities may in principle only be entered once per location. A B&B may not be entered a second time as a hotel. The differences between the activities can be indicated by the User in the free text area of the business activity. Exception: if completely different business activities are offered at one location, it is allowed to enter these business activities, e.g. if a hotel, a pizzeria and a Michelin-starred restaurant are offered at the same location. If in doubt, the User must first seek permission from BTLH.
4. Under no circumstances may the Content (in the sole discretion of BTLH) be contrary to ''netiquette'', which in any case includes Content that is inaccurate, misleading, diffamatory, pornographic, violent, offensive and/or racist, otherwise of an unlawful nature, contrary to public order and/or decency or potentially harmful to the region and/or its entrepreneurs.
5. User warrants to BTLH that all Content, as made known by User to or shared with BTLH, does not infringe any third party rights in any way, including in any case (but not exclusively) intellectual property rights and privacy rights. If any Content is used which is subject to third party rights, User guarantees the presence of the appropriate permissions, authorisations and/or licences. User shall indemnify BTLH for all claims and/or damages of third parties, on whatever grounds due to alleged and/or judicially established infringements of third party rights arising from BTLH's use of the Content.
6. If, in the free judgment of BTLH, Content does not comply with these upload conditions and rules, BTLH may temporarily or permanently block, modify or remove the Content without obligation and without prior notice to User.
7. BTLH may, in addition, if it considers that User has breached the Terms, in accordance with the Notice & Take Down (NTD) policy, share information about User with third parties claiming that Content infringes the rights of those third parties.

Intellectual property and rights of use Content BTLH

1. All intellectual property rights relating to the Website(s) are vested in BTLH or its licensors or suppliers.
2. All intellectual property rights relating to the Content uploaded or shared by User are vested in User or its licensors, c.s. suppliers.
3. BTLH, by compiling, arranging and/or using the Database on the Website(s), acquires all possible database rights that rest or will rest in the future on the Database or other collection of Content by BTLH. This means, inter alia, that Users are not permitted to request and reuse a substantial part of the Database's Content and/or to request and reuse non-substantial parts of the Database's content repeatedly and systematically within the meaning of the Database Act. If User wishes to use (parts) of the Database, written permission from BTLH is required. BTLH may attach conditions to this consent.
4. User grants BTLH a perpetual, transferable, royalty-free and worldwide right of use to further share, distribute and/or disclose the Content uploaded or shared by User, including the organisation's name and logo, regardless of the type of channel (internet, social media, websites, traditional media) and regardless of the type of third parties.
5. This right of use by BTLH also includes the power to use and distribute the Content for commercial purposes, which in any case includes (but is not limited to) the ability to provide third parties with full or partial access to the Database to disclose or otherwise exploit or use parts of the Content within other websites or environments.
6. Content can be changed or deleted by User within the company profile at any time. The right of use of BTLH can be unilaterally revoked by the User by notifying BTLH in writing (by e-mail). Under no circumstances shall the revocation of the right of use entail any obligation on the part of BTLH to compensate any damage suffered, or (insofar as this is not automatically processed/synchronised within the Database) that BTLH is obliged to revoke rights of use granted to third parties.

Obligations BTLH

1. BTLH makes every effort to display the Website(s) as well as possible. However, it does not guarantee that the Website(s) will operate without faults and/or interruptions. Nor does it guarantee that the data entered are intact. BTLH reserves the right to carry out maintenance and to take the Website(s) out of operation if necessary.
2. Although BTLH makes every effort to achieve optimal use of the Website(s), BTLH cannot guarantee that the Website(s) can be used for the use intended by User. All services are provided on an 'as is' basis, from which User cannot derive any rights. The Website(s) are offered without any warranty or claim to accuracy of data.
3. BTLH is not obliged to rectify errors free of charge, which may also take place by means of problem avoiding restrictions or new versions/updates.
4. User acknowledges and accepts that BTLH does not guarantee that the Website(s) will always be available, accessible and function without errors.
5. BTLH may take all or part of the Website(s) out of service for preventive, corrective or adaptive maintenance.
6. User remains responsible, despite any backups made by BTLH, for complying with all legal administration and retention obligations applicable to User, and BTLH shall not be liable or responsible for loss, theft, misappropriation or damage to Content and shall never be obliged to restore same.

6.Personal data and confidentiality

1. The sharing of Content with third parties may include personal data of User or third parties. BTLH processes this personal data on behalf of User in the capacity of processor. User guarantees BTLH that these personal data may be shared by BTLH with third parties and indemnifies BTLH for damages of whatever nature in connection with the (possible) infringement of privacy rights of third parties.
2. User is at all times entitled to inform BTLH which adjustments are desired or necessary in connection with the processing of personal data. BTLH shall, as far as reasonably possible, provide the necessary cooperation for this purpose.
3. Stored Content is and will remain publicly accessible, with the exception of certain personal data relating to the company profile, unless these terms and conditions provide otherwise or BTLH is required by law or court order to provide insight into the stored Content.
4. User acknowledges and accepts that BTLH may disclose the personal data provided for the company profile to third parties in the context of (alleged) breaches of these terms and conditions.
5. BTLH and User shall make every effort to prevent the confidential information of the other party from coming to the knowledge or into the hands of third parties. This does not apply if the disclosing party demonstrates that certain information is already publicly known, other than by breach of this confidentiality obligation or if a party is forced by a competent (judicial) authority to disclose confidential information.

7.Liability

1. BTLH, in accordance with these terms and conditions and the indemnities contained therein, shall expressly never be responsible or liable for any damage caused by the content or use of the Content generated, uploaded or otherwise used or shared by User through the Website or Database.
2. BTLH shall never be liable for damages arising from incorrect information on the Website(s), non-exclusive or unsafe availability of the Website(s) or parts thereof.
3. BTLH shall not be liable for damage caused by loss/damage of (stored) Content, including consequences of hacking, (D) DOS attack, malware or other forms of failure of functionality or cybercrime.
4. Any liability of BTLH for other than direct damage ("indirect damage"), including - but not limited to - consequential damage, loss of profit and loss of turnover, is excluded.
5. BTLH can only be held liable for direct damage, which includes exclusively:
   1. reasonable costs which the User would have to incur to make BTLH's performance conform to the Agreement;
   2. reasonable costs incurred to establish the cause and extent of the damage suffered within the framework of the Agreement;
   3. reasonable costs incurred to prevent or limit the damage, insofar as the User demonstrates that these costs have led to a limitation of the direct damage suffered.
6. The User may only claim compensation for loss in respect of an attributable failure by BTLH if the User gives BTLH notice of default by means of a written notification and performance is not forthcoming within the set period. The obligation to serve notice of default lapses if performance or rectification is already permanently impossible.
7. A condition for the creation of any right to compensation is always that the User reports the damage to BTLH in writing as soon as possible after its occurrence. Any action, for whatever reason and in court or otherwise, must be instituted within 1 (one) month after the relevant incident, or after the User could have been aware of the incident.
8. The total liability is in any case limited to the maximum amount BTLH can recover from its suppliers or the amount equal to the amount paid to BTLH by the insurer under the liability insurance policy.

9. Final provisions

1. BTLH reserves the right to amend or supplement these terms and conditions with new terms and conditions at any time. These changes or additions also apply to existing Users. Changes of minor importance always take effect immediately. BTLH is not obliged to inform User of any changes.
2. If one or more of these provisions in these conditions are invalid, contrary to law or unenforceable, this shall not affect the validity of the remaining provisions.
3. Any verbal undertakings and agreements have no effect in relation to BTLH unless confirmed in writing by BTLH.
4. BTLH's failure to exercise any right or remedy shall not constitute a waiver of that right or remedy.

10.Applicable law

1. These conditions are exclusively governed by Dutch law.