General terms and conditions
These general terms and conditions apply to all offers, assignments and agreements of Vhaelum Aerial (trade name of DueRelay, KvK 99922800).
1. Definitions
- Contractor: Vhaelum Aerial, a trade name of DueRelay.
- Client: the natural or legal person commissioning Contractor.
- Assignment: the performance of aerial photography or aerial video work as agreed between the parties.
- Imagery: the photo and video files delivered by Contractor in the context of an Assignment.
2. Applicability
These terms apply to every offer and every agreement between Contractor and Client. Deviations are valid only if agreed in writing. Procurement or other terms of the Client are expressly rejected.
3. Quotes and acceptance
Quotes are non-binding and valid for 30 days from the date of issue, unless stated otherwise. An agreement comes into being when the Client confirms the quote in writing (by email).
4. Performance
Contractor performs the Assignment within the scope of Dutch and European drone regulations:
- A1 Open operational category.
- Visual line-of-sight (VLOS).
- Maximum altitude 120 metres AGL.
- Daylight only, within applicable time windows.
- Observance of no-fly zones, FRZs and local restrictions.
If weather, airspace restrictions or safety considerations make a planned flight impossible, the flight is rescheduled in consultation at no extra cost.
5. Rates and payment
Rates are agreed per assignment. Unless stated otherwise, all amounts are in euro and exclusive of VAT. Invoices must be paid within 14 days of the invoice date.
In case of late payment, the Client is in default by operation of law. Contractor is entitled to charge statutory interest as well as extrajudicial collection costs in accordance with the Dutch Extrajudicial Collection Costs (Standardisation) Act.
6. Delivery
Imagery is delivered digitally via download link or another agreed means. The delivery period is confirmed per assignment. Imagery is delivered in standard resolution (4K for video, high resolution for photo) unless otherwise agreed.
7. Ownership and licence
Copyright in all Imagery rests with Contractor. Upon full payment of the invoice, the Client receives a non-exclusive, non-transferable licence for the purpose described in the agreement (for example, real-estate marketing for a specific property or hospitality marketing for a specific location).
Use outside the agreed scope requires Contractor’s prior written consent.
Contractor reserves the right to use the Imagery for its own portfolio and marketing purposes, unless otherwise agreed in writing.
8. Cancellation
Cancellation by the Client is subject to the following charges:
- Cancellation more than 7 days before the planned flight date: free of charge.
- Cancellation 3 to 7 days before the flight date: 25% of the agreed rate.
- Cancellation within 72 hours of the flight date: 50% of the agreed rate.
If a flight is cancelled because of weather conditions or airspace restrictions established by Contractor, no charges apply.
9. Liability
Contractor’s liability is limited to the invoice amount of the relevant assignment, with a maximum of the amount paid out by Contractor’s liability insurance in any given case.
Contractor is not liable for indirect damages, consequential damages, lost profits, missed savings or damages resulting from business interruption.
Imagery is delivered for the purpose described in the agreement. For substantive assessments that require specific certifications or expertise (such as building inspection, surveying or risk valuation), Contractor is not liable and refers the Client to specialised firms with the required certifications.
10. Force majeure
Contractor is not liable for failure to perform, or for delay in performing, the agreement when this results from force majeure, including adverse weather, airspace restrictions, technical equipment failures, or other circumstances beyond its reasonable control.
11. Complaints
Complaints about the performance of an assignment must be reported in writing (by email) to contact@vhaelum.com within 14 days of delivery. After this period delivery is deemed accepted.
12. Confidentiality
Both parties treat all information received under the agreement as confidential and do not share it with third parties without prior written consent, save for statutory obligations.
13. Governing law
All agreements are governed by Dutch law. Disputes that cannot be resolved by mutual consultation are submitted to the competent court in the Zeeland-West-Brabant district.