Terms & 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 whom an agreement is intended to be entered into;
Agreement: the contract of assignment between Drone Department and the Client;
Assignment: the service or product that will be delivered by Drone Department;
Client: the (legal) person or persons with whom Drone Department has concluded the agreement, also the person who approves these general terms and conditions;
Cancel: 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 publication within the meaning of the Copyright Act 1912;
Aw.: Copyright Act 1912 (Auteurswet); 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 explicitly 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 failing that, 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 introduction meeting itself.
The Assignment is briefly described in the Quote: 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 based on Art. 6:162 of the Dutch Civil Code.
In the 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 charged for the first 5 hours and 200% for the remaining hours. For full days, after 10 hours (door to door), 150% is charged 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
Prices in Quotes are exclusive of VAT and 0.34 cents per KM travel costs per person.

Article 4. Acceptance of the Offer

The Client must accept the offer explicitly and in writing. If the Client fails to do so, but nevertheless agrees, or at least gives the impression, that Drone Department is performing work within the framework of the Agreement, or in the 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 execution unacceptable for it.
After acceptance, the Agreement can only be modified with mutual consent. Drone Department is entitled in that case 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 endeavors and will act to the best of its ability in the given and existing circumstances during the work. The Client obligates itself to make the circumstances as favorable as possible for Drone Department and to take measures where necessary, including, but not limited to, instructing other attendees.
The Client will always provide full cooperation to Drone Department, provide all useful and necessary information, or access thereto, in a timely manner, and ensure the reasonably required facilities. If the information required for the execution of the Assignment has not been provided to Drone Department in a timely manner and/or the reasonably required facilities have not been provided, it has the right to suspend the execution of the Agreement and/or 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 can apply global image optimization to light, color, contrast, and cropping, among other things, 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 held to do and omit everything that is reasonably necessary and desirable to make a timely and correct execution of the Assignment possible.
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 on-site must maintain contact with air traffic control. 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; every additional take-off location application is 125,- per location.
For drone recordings in Military CTR (Environment 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; every additional take-off location application is 125,- per location. An RT person is not necessary in Military CTR areas.
In a CTR, a flight can be canceled last minute due to, for example, weather conditions or other causes; the control tower has the final say on this shortly before the flight on the day itself. If we cannot fly because of this, it is considered force majeure and Drone Department is entitled to compensation of 100% of the quoted amount.
If the client wishes to place their own cameras, lenses, and associated components on our drones, they are responsible for insuring these 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 Modification of the Assignment

There is an additional Assignment when an Assignment is modified after acceptance and this entails extra work for Drone Department. A separate Quote will be made for this additional Assignment. Changes made to an Assignment already granted can result in the originally agreed delivery time being exceeded by Drone Department. Drone Department is entitled to charge the extra costs for modification of the Assignment to the Client.

Article 7. Delivery

Unless explicitly agreed otherwise in writing, the delivery time specified by Drone Department is not a final deadline. In case of exceeding this delivery time, Drone Department will only be in default after a 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 additional 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 hour/day price and other customarily used 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 product. For large assignments, invoicing takes place entirely or in parts in advance.
Invoices must be paid within 14 days after the invoice date, failing which the Client is in default without further notice and the Client is then liable for interest compensation of 1 percent per month from the due date. If the Client remains negligent in paying the sent invoice after a demand, as referred to in Article 6:96 paragraph 6 of the Dutch Civil Code, the Client forfeits a penalty in accordance with the rate stated 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 liability of the invoice.

Article 9. Suspension and Cancellation

If an invoice is not paid within the payment term, Drone Department can, after informing the Client, suspend all its activities for the Client until the amount of the invoice is paid. Drone Department accepts no liability for any damage the Client suffers, which arises as a result of a suspension of activities 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 (on time), while this is necessary for the execution of the Assignment, Drone Department is entitled to suspend or dissolve the Agreement.
For cancellations of Assignments that take place within 48 hours before the start of the 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 rescheduled within 24 hours before the start of those activities by or on behalf of the Client, 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 regarding the Assignment), Drone Department will charge compensation based on 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. That releases Drone Department from the obligation to meet the agreed delivery term 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, do everything in its power to arrange a replacement of comparable professionalism in that case. The Client has the obligation to accept and pay for the part of the Assignment already executed by Drone Department, unless the executed part has no independent value.

Article 11. Liability and Indemnification

Drone Department accepts no liability whatsoever 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 not supplied 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 notify 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 services provided for inaccuracies and carelessness and accepts the liability arising therefrom. It indemnifies Drone Department against any liability based on 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 regarding intellectual property rights 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 changes on the day of recording and it is not possible to fly, then an invoice will be issued due to force majeure.
For flights in a CTR area, it may happen that the control tower (LVNL) does not allow the flight on the day itself on-site, meaning 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 respect to the Work of Drone Department, unless agreed otherwise. Nevertheless, as long as a Work has not yet been delivered or not yet fully paid for, all rights remain exclusively with Drone Department.
Upon delivery of Works within the meaning of the Copyright Act, Drone Department gives permission for the use agreed upon in the Quote. For every other application or other use of the delivered product, an additional Agreement must be concluded. This also applies to publication in any medium other than that 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 blog, portfolio, advertisements, social media, magazine articles, in printed matter, exhibition material, and demonstration material, as long as this does not result in direct competition for the Client or it can reasonably be assumed that the Client will not suffer damage from this.
The Client is not entitled to reproduce or publish the Work outside the domestic circle, unless otherwise agreed or this results 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 agreed otherwise, not authorized to grant sublicenses to third parties, nor to transfer its own license.
The Client must request written permission for submitting Works for competitions and publications by third parties.
The Client must observe the personality rights of Drone Department, including the obligation of attribution, as stated in Article 25 Aw.
Digital or analog processing or modification of the delivered Works is not allowed without prior written consent from Drone Department.
Any use of a work by Drone Department that has not been agreed upon is considered an infringement of Drone Department's copyright.
'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 personality rights of Drone Department, it charges three times the usual license fee for such a case, to compensate for the damage suffered.
Compensation for damages does not grant the right to further use of Drone Department's work.
In case of significant modification of 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 right holders to include components 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 Drone Department and all its affiliated parties harmless for every claim due to an infringement of the intellectual property rights of third parties.

Article 13. Portrait Right

The Client/portrayed person, by accepting these general terms and conditions, gives permission to Drone Department to use his/her photos for its own promotional purposes and publications, including, but not limited to, website and blog, portfolio, advertisements, social media, magazine articles, in printed matter, exhibition material, unless agreed otherwise.
Objection 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 obligates itself to maintain the confidentiality of 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 for films or TV programs of the Client or purely internal use.

Article 15. Modifications to these General Terms and Conditions

Drone Department reserves the right to modify or supplement these general terms and conditions.
Modifications are communicated by Drone Department to the Client in writing and in a timely manner.
If the Client does not want to accept a proposed modification, he can terminate the agreement until the date on which the new general terms and conditions take effect.

Article 16. Other Provisions

If a provision of the agreement and/or the general terms and conditions turns out 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 competent to hear any dispute between Drone Department and the Client.