DIFFER
Terms and conditons
Events

Terms and conditons for using DIFFER's facilities for an event

Version 2026

1. Agreement - Parties

  1. The acceptance of these terms and conditions along with the quotation offer constitutes an Agreement between the Institute and the User.
  2. The Institute and the User individually referred to as a “Party” and collectively as the “Parties” in these terms and conditions.
  3. These terms and conditions apply only to Users acting in the course of their business or profession. They are not intended for Consumers. Therefore, the provisions contained in:
    1. the General Terms and Conditions for Distance Agreements (NWO-I), and
    2. any consumer-related clauses within the General Terms and Conditions of Sale, Delivery and Payment of NWO-I shall not apply to this Agreement.

2. Institute

  1. Stichting Nederlandse Wetenschappelijk Onderzoek Instituten (NWO-I), a private-law foundation, established and existing under the laws of the Netherlands, registered at the Dutch Chamber of Commerce under number 41150068, with its registered office at Winthontlaan 2, 3526 KV Utrecht, the Netherlands, with its institute Dutch Institute for Fundamental Energy Research (DIFFER), is defined as “Institute” in the realm of these terms and conditions.
  2. Institute reserves the right to change or amend unilaterally these terms and conditions.
  3. As stipulated in article 12 of these terms and conditions, further Guidelines for User/Visitors including but not limited to parts of internal policies and conduct protocols such as parts of safety regulations, data protection guidelines, and the Code of Conduct for Network Usage of the Institute (hereinafter Guidelines for User/Visitors) apply on top of these terms and conditions. If there is any contradiction in between these terms and conditions and the Guidelines for User/Visitors then the latter shall prevail.

3. User

  1. User is the Party accepting these terms and conditions and the quotation offer, sent by the Institute, for using the Institute’s specific part of the facilities.
  2. User is the organizer of the event that will take place at the Institute’s facilities.
  3. If and insofar as the General Terms and Conditions of Sale, Delivery and Payment of NWO-I apply pursuant to Article 26, any reference to the term “Customer” in those conditions shall be deemed to refer to the “User” as defined in this Article.

4. Visitor

Visitor is considered the person participating in the event that the User will organize at the Institute’s facilities as described in these terms and conditions.

5. Duration

  1. The Institute shall make a specific part of the facilities available to the User as referred to in the quotation offer issued to User by Institute along with general spaces such as toilers and the hallway as needed.
  2. The use of the specific part of the facilities shall terminate automatically on the date referred to in the quotation offer, without any further notice being required.

6. Facilities provided

As referred to in the quotation offer.

7. Quotation offer

  1. The quotation offer will be made in written form, including but not limited to e-mail, after the User has contacted the Institute and requests a quotation offer and the Institute has shown the specific part of the facilities that the User could use for their event, if it is applicable.
  2. The quotation offer shall be considered accepted, when the User accepts the quotation offer in written form, including but not limited to e-mail, within 30 days after the date mentioned in the quotation offer.
  3. The quotation offer expires, if no written acceptance is received by the Institute within the aforementioned time period.

8. Purpose and Supervision

  1. The facilities are to be used exclusively for the purpose as referred to in the quotation offer and/or discussed in between the Institute and the User.
  2. The use of the facilities does not create any employment or supervisory relationship between the Institute and the User.
  3. The User will be assigned a point of contact at the Institute for logistical and safety matters.
  4. The Institute will provide first aid/emergency response (Bedrijfshulpverlening hereinafter BHV).
    1. If the User or the Visitors have special needs that might require additional assistance in case of an emergency, then the User shall inform the Institute when requesting a quotation offer, so that the Institute can determine whether it can provide this additional assistance in case of an emergency upon providing the quotation offer.
    2. If the Institute is informed of the need for additional assistance for the User or the Visitors in case of an emergency other than in accordance with sub (d)(i), the User and the Institute will work together to make suitable additional arrangements to ensure the safety of the User, the Visitors, and the Institute. However, if the User has failed to inform the Institute as required under sub (d)(i) and the Institute determines that it cannot guarantee the safety of the User, the Visitors, and the Institute, the Institute may immediately terminate the use of the facilities. Such termination shall not constitute a ground for liability of the Institute or an obligation for the Institute to reimburse payments made by User.
    3. All arrangements required for the safety of the User, the Visitors and the Institute must be in place before the commencement of the event.

9. Facility Use Fee

  1. Payment
    Payment shall be made within 30 calendar days following the invoice date in the manner indicated by NWO-I.
  2. After expiry of this period, the User is in default and shall pay a compound interest, calculated at a percentage equal to the statutory commercial interest rate for the relevant transaction, increased by 1.5% per month or part thereof that payment in full has not been made.
  3. All amounts are exclusive of VAT, unless otherwise stated or exempt under applicable law.

10. Costs

Any costs other than those directly associated with access to the facilities mentioned in these terms and conditions or in the quotation offer are to be borne by the User, unless otherwise agreed in writing.

11. Insurance and Liability

  1. The User must maintain valid and adequate liability insurance for the entire duration of this Agreement, covering personal and third-party damage or loss, explicitly including any damage or loss incurred by the Visitors, related to the use of the Institute’s facilities.
  2. The total aggregate liability of the Institute for any and all damages shall be limited to direct damages and equal to the amount the Institute received by the User for the use of the facilities.
  3. The User shall be liable for any damage to persons, equipment or facilities resulting from acts, negligence, or failure of User and/or Visitors to follow the Guidelines for User/Visitors, as mentioned in article 12.
  4. The exclusions and limitations on liability set out in this clause 11 do not apply to liability arising in connection with death or personal injury to the extent permitted by law resulting from the Institute's negligence, or that Party's fraud, willful default or gross negligence.

12. Internal Policies and Conduct

  1. The User must at all times comply with the Institute’s Guidelines for User/Visitors. The User must make sure that Guidelines for User/Visitors are brought to Visitors’ attention. User shall be responsible for the Visitors complying with the aforementioned Guidelines for User/Visitors.
  2. The aforementioned Guidelines for User/Visitors will be shared and made known to the User by the Institute prior to the commencement of the event.
  3. User/Visitors will be provided with a Visitor badge which they are required to wear it all the time while being present at the Institute’s facilities.
  4. Institute’s Wi-Fi-network will be available only for the organizers of the event. If User/Visitors have eduroam access, they can use it.
  5. No photos are allowed to be taken and/or videos to be recorded and/or any type of recording to take place in relation to the rest of the facilities of the Institute, except from the part of the facilities, the Institute has provided prior written consent for to User.
  6. No photos are allowed to be taken and/or videos to be recorded and/or any type of recording to take place in relation to the Institute’s employees without their prior written consent.
  7. User shall make sure that no more than 200 Visitors shall be invited to the event.
  8. Failure to comply with these rules may result in the immediate termination of the use of the facilities, without constituting a ground for liability of the Institute or an obligation for the Institute to reimburse payments made by User.

13. Third Party Access or Collaboration

The User may not allow third parties access to the facilities, or conduct joint activities with external partners, without prior written approval from the Institute.

14. Confidentiality

The User shall treat all non-public information obtained through the use of the Institute’s facilities as confidential and shall not disclose such information to third parties without prior written consent from the Institute. User shall be responsible for the Visitors complying with this confidentiality obligation.

15. Termination

  1. Both Institute and the User shall have the right to terminate the Agreement without any specific reason by giving notice 45 days before the event day.
  2. If User cancels the reservation and terminates the Agreement by giving written notice to the Institute 30 days before the event day, User is still obliged to pay 50% of the accepted quotation offer and Institute shall maintain the right to send an invoice to the User for such payment.
  3. In any other case the User will not have the right to get reimbursed if the notice is given in less than 30 days’ time before the event day or not giving notice at all. In such a case, the User is still obliged to pay the full amount of the accepted quotation offer and Institute shall maintain the right to send an invoice to the User for such payment.

16. Obligations Upon Termination

  1. Upon end of the event, the User shall cease all activities using the Institute’s facilities and return any materials, access cards, keys, badges, equipment, or other items provided by the Institute.
  2. The User shall ensure that any physical spaces or digital environments used are left in a clean, orderly, and secure condition, comparable to their state at the start of the event, except for reasonable wear and tear.
  3. Failure to comply with these obligations may result in the Institute seeking compensation for any resulting damage or loss.

17. Force Majeure and Unforeseen Circumstances

In the event of force majeure or unforeseen developments, including but not limited to pandemics, building closures, or national emergencies, the Institute may temporarily suspend or permanently terminate the Agreement without liability and/or obligation to reimburse.

18. Hardship Clause

In cases where the provisions of these terms and conditions result in manifest unfairness, the Institute may, at its own discretion or at the written request of the User, choose to deviate from these terms and conditions or apply additional provisions in favour of the User.

19. Property Law

This Agreement expressly intends to have effect on contract law and property law (in Dutch: goederenrechtelijke werking).

20. Amendment

Any amendment, change or waiver of these terms and conditions and any waiver of any default under these terms and conditions shall only be effective if made in writing and communicated from the Institute to the User.

21. Waiver and Remedies

  1. No failure or delay by a Party in exercising any right or remedy provided by law or under the Agreement shall impair the right or remedy, or operate as a waiver or variation of it, or preclude its exercise at any subsequent time. No single or partial exercise of any right or remedy shall preclude any further exercise of the right or remedy or the exercise of any other right or remedy.
  2. The rights of the Parties under the Agreement are cumulative, may be exercised as often as the relevant Party considers appropriate and are in addition to their respective rights under general law.

22. No Agency

No provision of these terms and conditions makes a Party the agent of the other Party for any purpose. A Party has no authority to bind, to contract in the name of, or to create a liability for the other Party in any way or for any purpose.

23. Sub-contracting

Each Party shall not sub-contract any of its obligations under these terms and conditions to a sub-contractor without the other Party’s prior written consent.

24. No Transfer

Nothing under these terms and conditions may not be transferred, in whole or in part, directly or indirectly through acquisition merger or otherwise, by either Party to a third party without prior written consent from the other Party, which consent shall not be unreasonably withheld or delayed. Any purported transfer without such consent is void and of no effect with reference to article 3:83 section 2 Dutch Civil Code.

25. Invalidity

If a provision of these terms and conditions is or becomes invalid or non-binding, the Parties shall remain bound to the remaining provisions. In that event, the Parties shall replace the invalid or non-binding provision by provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.

26. Order of Precedence

In case of inconsistency between these terms and conditions and any general terms and conditions of NWO-I, the below order of precedence shall be followed:

  1. Terms and conditions for using DIFFER’s facilities for an event
  2. General terms and conditions for Sale/Delivery/Payment

Where these terms are silent, NWO-I’s General Terms and Conditions of Sale, Delivery and Payment may apply insofar as they are compatible.

27. Applicable Law, Dispute Resolution

  1. These terms and conditions and all rights and obligations arising from them, are governed by and construed in accordance with the laws of the Netherlands. The applicability of the Vienna Sales Convention is expressly excluded.
  2. Any and all disputes arising out of or in connection with these terms and conditions and their validity that cannot be solved amicably between the Parties with their reasonable constructive effort within 60 days, shall be exclusively submitted to the competent court in Utrecht.