General Terms and Conditions - Drone Department Drone Operators

Article 1. Definitions

In these general terms and conditions, the following definitions apply:

Drone Department: is part of Repute CMD, registered in the trade register under number [27272674], also the user of these general terms and conditions and the contractor;
Quote: all offers and/or price lists from Drone Department to (legal) persons with which it is intended to enter into an agreement;
Agreement: the agreement of assignment between Drone Department and the Client;
Assignment: the service or product to be delivered by Drone Department;
Client: the (legal) person or persons with whom Drone Department has concluded the agreement, also the person who agrees to these general terms and conditions;
Cancellation: termination or dissolution of the Agreement;
In Writing: electronic communication such as email, provided that the identity of the sender and the authenticity of the communication are sufficiently established. The burden of proof regarding the receipt of electronic communication lies at all times with the Client;
Use: reproduction and/or making public within the meaning of the Copyright Act 1912;
Aw.: Copyright Act 1912; and
Work(s): a photo or a video production, as well as other recordings of sound, image and information carriers, made by Drone Department.

Article 2. Applicability

These general terms and conditions apply to all legal relationships between Drone Department and the Client, as well as to all Quotes, offers, activities, Assignments and Agreements.
Provisions or conditions set by the Client that deviate from, or do not appear in, these general terms and conditions are only binding on Drone Department if and insofar as they have been expressly and in writing accepted by it.

Article 3. Offer/Quote

Drone Department makes an offer in the form of a Quote.
A Quote is non-binding and the amounts mentioned therein are valid until the deadline indicated in the Quote, and in the absence thereof until no later than 30 days after the date of sending the Quote by Drone Department.
Price quotes in Quotes may undergo changes due to (unforeseen) changes in the activities or price increases of raw materials. Drone Department will inform the Client of this as soon as possible.
There are no costs associated with a Quote or introductory meeting itself.
The Quote briefly describes the Assignment: details of the authorized company/Client, purpose of the Assignment, form of use, any cooperation or input from the Client, any final delivery period.
A Quote may contain concrete concept or creative proposals; these remain the property of Drone Department and are protected against unlawful use on the basis of art. 6:162 of the Civil Code.
In case of significant changes to a first Quote that subsequently lead to a new Quote, extra costs will be charged (see art. 6).
Overtime: for half days, after 5 hours door-to-door, 150% is calculated for the first 5 hours and 200% for the remaining hours; for full days, after 10 hours door-to-door, 150% is calculated for the first 4 hours and 200% for the remaining hours. The percentage is calculated over the total price (excluding km/ any recce) of the quote. For more info see: https://fijnweekend.film
The prices in the Quotes are exclusive of VAT and 0.34 cents per KM travel costs per person.

Article 4. Acceptance of the offer

The Client must explicitly and in writing accept the offer. If the Client fails to do so, but nevertheless agrees, or at least creates the impression, that Drone Department performs work within the framework of the Agreement, or in case of advance payment for production assignments if stated in the Quote, then the offer is considered accepted.
Drone Department reserves the right to refuse an Assignment if new information becomes available after acceptance that makes the execution unacceptable for it.
After acceptance, the Agreement can only be changed with mutual consent. In that case, Drone Department is entitled to adjust the price due for the Agreement.

Article 5. Execution of the Assignment

Drone Department will execute the Assignment to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship, in the style in which it usually works.
Drone Department makes an effort and will act to the best of its ability in the given and existing circumstances during the work. The Client undertakes to make the circumstances for Drone Department as favorable as possible and to take measures where necessary, including, but not limited to, instructing other persons present.
The Client will always provide Drone Department with full cooperation, provide all useful and necessary information or access thereto in a timely manner, and ensure the facilities reasonably required. If the information necessary for the execution of the Assignment is not provided to Drone Department in a timely manner and/or the facilities reasonably required are not provided, it has the right to suspend the execution of the Agreement and/or to charge the extra costs resulting from the delay to the Client.
Photography and film are a matter of creativity and personal taste. Acceptance of the Assignment means that the Client agrees with the style used by Drone Department. Drone Department may apply a global image optimization to, among other things, light, color, contrast and cropping, but is not obliged to do so. Extensive post-processing only takes place after consultation with Drone Department and may involve extra costs.
The Client is obliged to do and refrain from everything that is reasonably necessary and desirable to enable a timely and correct execution of the Assignment.
For drone recordings in civil CTR areas (Schiphol CTR EHAM (Amsterdam), Rotterdam CTR EHRD, Eelde CTR EHGG, Beek CTR EHBK, Lelystad CTR EHLE and CTR Maastricht), an RT person must maintain contact with air traffic control on site; the costs for this are 85 euros per hour (door-to-door) with a starting rate of 3 hours. The first take-off location application at LVNL is included in the price; each extra take-off location application is 125,- per location.
For drone recordings in Military CTR (areas surrounding Deelen, De Kooy, De Peel, Eindhoven, Gilze-Rijen, Leeuwarden, Volkel, Woensdrecht), the first take-off location application at LVNL is included in the total price; each extra take-off location application is 125,- per location. The RT person is not required in Military CTR areas.
In a CTR, a flight can be cancelled last minute due to, for example, weather conditions or other causes; the control tower has the final word on this just before the flight on the day itself. If we cannot fly as a result, this is considered force majeure and Drone Department is entitled to compensation of 100% of the quoted amount.
When the client wants to place their own cameras, lenses and associated components on our drones, they are responsible for insuring them themselves; Drone Department accepts no liability for any damage the Client suffers in any form whatsoever, which arises as a result of using their own equipment on its drones as referred to here.

Article 6. Interim change of the Assignment

An additional Assignment exists when an Assignment is changed after acceptance of the Assignment and this involves extra work for Drone Department. A separate Quote will be made for this additional Assignment. Changes made to an Assignment already granted may result in the originally agreed delivery time being exceeded by Drone Department. Drone Department is entitled to charge the extra costs for changing the Assignment to the Client.

Article 7. Delivery

Unless expressly agreed otherwise in writing, the delivery time specified by Drone Department is not a fatal term. If this delivery time is exceeded, Drone Department will only be in default after written notice of default with a reasonable term.

Article 8. Compensation and payment terms

If it is plausible that Drone Department has incurred higher costs and/or has performed extra work, which were reasonably necessary, Drone Department will pass this on to the Client.
The final compensation is based on work performed and costs incurred on the basis of subsequent calculation, taking into account the agreed hourly/daily price and other usually applied prices.
In principle, an invoice will be sent to the Client at the end of the Assignment for the execution of the Assignment. Invoicing also takes place if the Client does not use the delivered items. For large assignments, invoicing takes place entirely or in parts in advance.
Invoices must be paid within 14 days of the invoice date, failing which the Client is in default without further notice of default and the Client is then liable for interest compensation of 1 percent per month from the due date. If the Client, after a demand as referred to in Article 6:96 paragraph 6 of the Civil Code, remains negligent in paying the sent declaration, the Client forfeits a fine in accordance with the rate mentioned in Article 2 of the Decree on compensation for extrajudicial collection costs, with a minimum of € 40.00, without prejudice to the interest due.
Payment by the Client implies recognition of the debt of the invoice.

Article 9. Suspension and cancellation

If an invoice is not paid within the payment term, Drone Department can, after the Client has been informed of this, suspend all its work for the Client until the amount of the invoice has been paid. Drone Department accepts no liability for any damage the Client suffers, which arises as a result of a suspension of work as referred to here.
If the Client does not provide the necessary information for the execution of the Assignment in a timely manner or fails to be present (in a timely manner), while this is necessary for the execution of the Assignment, Drone Department is entitled to suspend or dissolve the Agreement.
In case of cancellations of Assignments that take place within 48 hours before the start of those activities by or on behalf of the Client, Drone Department is entitled to compensation of 50% of the quoted amount. If activities planned for a certain day are moved by or on behalf of the Client within 24 hours before the start of those activities, Drone Department is entitled to compensation of 100% of the quoted amount. If work has already been performed (such as preparations or execution or possible reservations in connection with the Assignment), Drone Department will charge compensation for this on the basis of the costs and/or hours already spent in relation to the total number of projected hours.

Article 10. Force Majeure

Sometimes there is force majeure, for example due to illness. This releases Drone Department from the obligation to comply with the agreed delivery period or from its delivery obligation, without the Client being able to assert any right to compensation for costs or damages. Of course, Drone Department will inform the Client immediately and in all reasonableness make every effort to arrange a replacement of comparable professionalism in that case. The Client has the obligation to accept and pay for the executed part of the Assignment from Drone Department, if a part of the Assignment has already been executed, unless the executed part has no independent value.

Article 11. Liability and indemnification

Drone Department accepts no liability for any damage, unless the damage is the result of intent or gross negligence on its part.
Drone Department is not liable for color deviations on non-calibrated screens or prints that have not been delivered by it.
If Drone Department cannot invoke the foregoing, it is only liable towards the Client for compensation of the damage up to a maximum of the invoice amount.
For every Assignment accepted by Drone Department, there is an obligation of effort. Drone Department can never be held liable for results not achieved.
The Client must inform Drone Department in writing of any shortcoming in the execution of the Assignment within three months after completion of the Assignment.
The Client has the duty to check the delivered services for inaccuracies and carelessness and accepts the liability resulting therefrom. They indemnify Drone Department against any liability on the basis of current or future legislation, unless there is intent or gross negligence on the part of Drone Department.
The Client indemnifies Drone Department against claims from third parties with regard to rights of intellectual property on materials or data provided by the Client, which are used in the execution of the Assignment.
Depending on the type of drone, it is not possible to fly drones at wind speeds of 6 bft or more and/or in rain. If the weather turns on the day of recording and it is not possible to fly, then an invoice will be issued due to force majeure.
In case of flights in a CTR area, it may happen that the control tower (LVNL) does not allow the flight on the day itself on site, so that it is not possible to fly; in this case, an invoice will be issued due to force majeure.

Article 12. Copyright

The copyright as well as other intellectual property rights on all Works developed in the framework of the Assignment rests with Drone Department.
Every Agreement also includes the license described in this article with regard to the Work of Drone Department, unless agreed otherwise. Nevertheless, as long as a Work has not yet been delivered or has not yet been fully paid for, all rights remain exclusively with Drone Department.
Drone Department gives permission for the use agreed in the Quote upon delivery of Works within the meaning of the Copyright Act. For every other application or other use of the delivered items, an additional Agreement must be concluded. This also applies to publication in any other medium than the one for which it was made according to the Assignment.
Drone Department reserves the right to use the Works for its own promotional purposes and publications, including, but not limited to, website and weblog, portfolio, advertisements, social media, magazine articles, in printed matter, exhibition material and demonstration material, insofar as this does not cause direct competition to the Client or it can be reasonably assumed that the Client will not suffer any damage therefrom.
The Client is not entitled to reproduce the Work or make it public outside the domestic circle, unless otherwise agreed or this follows from the Agreement.
The Client is explicitly not entitled to use or trade the Works for business or commercial purposes, or at least for other purposes outside the domestic circle, without prior consent from Drone Department.
The Client is, unless otherwise agreed, not authorized to grant sublicenses to third parties, nor to transfer its own license.
The Client must request written permission for the submission of Works for competitions and publications by third parties.
The Client must observe the personal rights of Drone Department, including the obligation of attribution, as mentioned in article 25 Aw.
Digital or analog processing or modification of the delivered Works is not allowed without prior written permission from Drone Department.
Every use of a work by Drone Department that has not been agreed upon is considered an infringement of the copyright of Drone Department.
'Use that has not been agreed upon' includes not only reuse without permission, but also mutilation and/or impairment of the contribution, and publication without attribution.
In case of infringement of the copyrights and/or personal rights of Drone Department, it will charge three times the usual license fee for such a case, as compensation for the damage suffered.
Compensation for damages does not grant the right to further use of the work of Drone Department.
In case of a major change to the delivered Work that does not receive the approval of Drone Department, it can prohibit the use of its Work on the basis of the Copyright Act.
The Client guarantees to Drone Department that no intellectual property rights of third parties oppose the execution of the Agreement by Drone Department and that the Client has full and unlimited permission from all title holders to include parts on which intellectual property rights rest in the program material and to have them recorded by Drone Department on sound, image or other information carriers. The Client will fully indemnify and hold harmless Drone Department and all its affiliated parties for any claim due to an infringement of the intellectual property rights of Drone Department.

Article 13. Portrait Right

The Client/portrait subject gives permission to Drone Department by accepting these general terms and conditions to use his/her photos for its own promotional purposes and publications, including, but not limited to, website and weblog, portfolio, advertisements, social media, magazine articles, in printed matter, exhibition material, unless otherwise agreed.
Objections to the publication of portraits must be made known to Drone Department in writing prior to the Agreement.
Deviating agreements are recorded in writing.

Article 14. Confidentiality

Drone Department undertakes to keep confidential all data of the Client that it has received in the framework of the Assignment, of which it knows or reasonably suspects that it is confidential. This confidentiality also applies after the termination of the Assignment. Photos and/or video images themselves or parts thereof can be used by Drone Department for its own promotion, unless the photos and/or videos have an exclusive character for the Client, such as for example in films or TV programs of the Client or purely internal use.

Article 15. Changes to these general terms and conditions

Drone Department reserves the right to change or supplement these general terms and conditions.
Changes will be communicated to the Client by Drone Department in a timely manner and in writing.
If the Client does not want to accept a proposed change, he can terminate the agreement up to the date on which the new general terms and conditions take effect.

Article 16. Other provisions

If a provision from the agreement and/or the general terms and conditions appears to be void or voidable, the other provisions and the agreement remain in force.
Dutch law applies to all legal relationships between Drone Department and the Client.
The court in the district of The Hague is exclusively authorized to take cognizance of any dispute between Drone Department and the Client.

Terms & Conditions