Terms and Conditions
Terms and Conditions for Advertisers Trayler B.V.
Article 1. Who is Trayler B.V.?
In these terms and conditions, 'Trayler B.V.' means the user of these terms and conditions.
Trayler is registered in the Commercial Register under the name 'Trayler B.V.' with Chamber of Commerce (KvK) number: 75907003.
Trayler can be reached via the following contact details:
e-mail: hq@trayler.kranzcollins.site
phone: 050 - 234 00 85
VAT identification number Netherlands: NL860437504B01
Article 2. Definitions
In these terms and conditions, words used in singular or plural have the meaning of the italicised words as defined below in this article.
– Trayler: the User of these terms and conditions, being: Trayler B.V.
- Advertiser: any (legal) person who has concluded, or wishes to conclude, an agreement with Trayler B.V., and besides this person, their representative(s), authorised representative(s), successor(s) in title and heirs, or in other words: the customer.
- Service: The work that Trayler offers or the assignment that it accepts, such as, but not limited to, purchasing or renting (parts of) trailers/lorries/trucks with the purpose of applying advertising stickers and/or advertising banners for advertisers and ensuring that the trailers drive around with this advertising.
- Agreement: the contract in all its forms, of which the terms and conditions form an integral part, regarding the rental and delivery of Services from and to the Advertiser.
- Trailer: the means of transport of which Trayler rents a part for the advertisements / commercial displays of the Advertiser, such as trucks, lorries, trailers and other means of transport.
- Advertising: All advertising and corporate expressions that the Advertiser wants to have applied to the trailer by means of stickers and/or banners.
Article 3. Applicability
These terms and conditions apply to all offers from Trayler and to Agreements, possible (email) newsletters, website, offers, quotations and invoices of Trayler B.V.
These terms and conditions also apply to actions of third parties engaged by Trayler in the context of the Agreement.
Deviations from these terms and conditions are only valid in so far as they have been agreed in writing between Trayler and the Advertiser and they only apply to the Agreement in question.
The applicability of any terms and conditions of the Advertiser is explicitly rejected.
Article 4. Intellectual property rights
All intellectual property rights regarding the website, materials used by Trayler in the execution of the Agreement, PR material, including those regarding software, texts, images and sounds, reside with Trayler and/or with those from whom Trayler has obtained a license. This means, among other things, that it is not permitted to make public, reproduce and/or edit the information displayed on the website or advertisement without Trayler’s permission, except for personal use.
Article 5. Quotation, Agreement and engagement of third parties
In the case of offers from Trayler, Trayler does not guarantee that the offer as referred to above is free of errors and/or mistakes. Printing and typesetting errors are therefore explicitly reserved and can be a reason not to honour the Agreement. If Trayler decides to do so, it will inform the Advertiser immediately.
Every offer is subject to price changes, unless agreed otherwise in writing.
All information and/or specifications provided by Trayler are always approximate, unless explicitly stated otherwise in writing.
If an offer from Trayler is not followed by a written order or confirmed by the Advertiser within one calendar month (or, where applicable, the – different – period explicitly stated in that offer, etc.), the offer will expire.
Article 6. Obligations of the Advertiser
The Advertiser is obliged to provide Trayler in a timely manner with all information of which it knows, or reasonably should know, is necessary for the execution of the assignment.
The Advertiser guarantees the accuracy and completeness of the information provided by it.
If the Advertiser does not make the requested information available, or does not do so in time or correctly, and the execution of the Service in question is delayed as a result, the resulting extra costs will be borne by the Advertiser.
Article 7. Liability
Trayler is not liable for damage of any nature whatsoever, caused because it acted upon incorrect and/or incomplete information provided by or on behalf of the Advertiser.
The Advertiser cannot hold Trayler liable for any damage, unless the damage is caused by intent or deliberate recklessness on the part of Trayler.
The liability of Trayler, in so far as it is covered by its liability insurance, is limited to the amount of the payout made by the insurer per event.
If, in any case, the insurer does not pay out, or the damage is not covered by the insurance, Trayler's liability is in any case limited to a maximum of € 1,000 per event.
Trayler is not liable for damage caused by, to, or to the performing auxiliary persons, employees or resources of the Advertiser.
Trayler is not liable when the advertising is experienced as offensive, insulting or shocking, this responsibility lies with the Advertiser.
Limitations of Trayler's liability also operate in favour of Trayler's directors, employees and non-subordinate representatives and auxiliary persons.
All rights of claim and other powers, on whatever grounds, which the Advertiser believes it has against Trayler, must be received in writing by Trayler within 12 months after the moment on which the Advertiser became aware or reasonably could have been aware of them, failing which these rights of claim shall expire.
If Trayler is held liable by a third party (or third parties) regarding alleged damage that is attributable to the Advertiser, more specifically but not exhaustively meant, when the Advertiser commits breach of contract or is in default towards Trayler, Trayler will be indemnified by the Advertiser for this.
Article 8. Duty to complain
Complaints or disputes from the Advertiser regarding an invoice must, under penalty of forfeiture, be made in writing and within fourteen (14) calendar days of the invoice date.
Article 9. Dissolution, termination and force majeure
Agreements between Trayler and the Advertiser have a duration of 3 years, unless explicitly stated otherwise in the Agreement, after which the agreement continues for an indefinite period of time by tacit renewal. Thus, there is no automatic termination by operation of law after the first term.
The Agreement cannot be terminated prematurely by the Advertiser during the period that the Agreement applies for a fixed term.
A valid termination of the Agreement by the Advertiser is only deemed to have occurred if the termination or dissolution has reached Trayler in writing.
Without prejudice to the other rights due to Trayler, Trayler is entitled to dissolve the Agreement in whole or in part by means of a written statement without further notice of default if:
The Advertiser is in default with the compliance of one or more obligations under the Agreement;
If the business or its shareholders of the Advertiser change, or if it transfers its business to third parties;
The Advertiser is declared bankrupt, has applied for a (temporary) suspension of payment, the Natural Persons Debt Rescheduling Act has become applicable to it, has shut down or liquidated its business, or a significant part of its goods and/or assets is seized;
Circumstances which cannot be attributed to Trayler, which are of such a nature that compliance with the Agreement can no longer reasonably be required, or can no longer be required in full, including (but not completely limited to) bankruptcy of the transport companies engaged by Trayler.
In the above cases, Trayler is never obliged to pay any compensation.
The Advertiser cannot terminate or dissolve the agreement if a price change is implemented by Trayler, such as a periodic increase in rates based on inflation. Trayler has the right to index the rates annually up to a percentage equal to the CBS consumer price index. This announces the percentage by which prices will rise. If Trayler indexes the rates, this will take place on 1 July of that year based on the average inflation in the previous calendar year.
If Trayler (or a third party engaged by it) has already performed services for the execution of the Agreement at the time of dissolution, these services and the related payment obligation resting on the Advertiser towards Trayler will not be subject to undoing.
If the Advertiser cannot perform the Agreement for reasons or if this cannot reasonably be required of him and wants to terminate the agreement prematurely, the Advertiser must compensate Trayler's damage, such as the positive contract interest, costs that Trayler has incurred or will have to incur under the Agreement, or costs that Trayler owes to third parties arising from the Agreement.
Trayler does not give any guarantees regarding where the trailer(s) drive in the Netherlands.
Article 10. Payment and penalty clause
The agreed price is exclusive of VAT and any other government levies, unless agreed otherwise in writing.
Unless explicitly agreed otherwise in writing, payment must be made within the (strict) payment term as stated on the invoice.
The Advertiser is not entitled to suspend or offset payments.
If no payment has taken place within the payment term from paragraph 2, the Advertiser is in default by operation of law. The Advertiser is then liable to pay Trayler the statutory commercial interest (whereby a part of the month is considered a full month) as well as extrajudicial collection costs of 15% of the principal sum.
For invoicing from the Advertiser to Trayler, Trayler applies a payment term of 60 days.
The Advertiser is not permitted during the term of this agreement and for a period of five years after the end of this agreement to enter into direct contracts with transport companies that are customers of Trayler. This applies in the proposal phase, after signing the agreement and up to 5 years after the end of the agreement. In the event of a violation, the Advertiser will owe an immediately payable penalty of € 8,000 per event, per trailer. Trayler reserves the right to claim compensation in addition to this penalty.
Article 12. Processing of personal data
If Trayler processes personal data on behalf of the Advertiser in the execution of the Agreement, the Advertiser can be designated as the data controller, or if Trayler processes the personal data on behalf of a third party, as the processor.
Trayler will only allow the processing of personal data to take place within the framework of executing the Agreement, plus those purposes that are reasonably connected therewith or determined with the consent of the data subject.
The Privacy Statement of Trayler B.V., as published on the website of Trayler B.V., is also part of these Terms and Conditions.
Article 13. Applicable law and competent court
The parties hereby explicitly choose the application of Dutch law to all legal relationships existing between them. All offers, agreements, as well as the execution thereof, are thus governed by Dutch law.
All disputes existing between parties arising from or related to the agreement to which these terms and conditions apply or which concern the interpretation or execution of the conditions themselves, both of a factual and legal nature, will be adjudicated by the competent court of the District Court of Northern Netherlands, location Groningen or Assen.