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General Terms and Conditions – Cayenne Stables
ARTICLE 1 – DEFINITIONS
- Cayenne Stables: the professional entity applying these general terms and operating in the (international) equestrian industry, as well as any (legal) person acting directly or indirectly on behalf of or under the instruction of Cayenne Stables. Cayenne Stables may act as seller, broker, trainer, boarding provider, lessor, landlord or in any other capacity, in the broadest sense.
- Buyer/Customer: any natural or legal person wishing to enter into, entering into, or negotiating an Agreement with Cayenne Stables, including their representatives, agents, trainers, stable managers, authorised persons, employees or other third parties acting on behalf of or at the expense of the Buyer/Customer. Any lack of veterinary, legal, fiscal or financial knowledge and information shall at all times be at the risk of the Buyer/Customer.
- Principal: any (legal) person explicitly instructing Cayenne Stables to provide (sales) brokerage, training, boarding, transport (brokerage) or other services relating to a Horse.
- Consumer: a natural person acting for purposes outside their trade, business or profession (within the meaning of mandatory consumer protection law).
- Business Client (B2B): any Buyer/Customer or Principal who is not a Consumer.
- Horse: any horse, pony, foal, embryo or other (breeding) animal, including any offspring and derivative breeding products, which is or may become the subject of an (intended) Agreement or service.
- Agreement: any legally valid written arrangement between Cayenne Stables and the Buyer/Customer and/or Principal relating to (without limitation) purchase, sale, (sales) brokerage, training, boarding, transport (brokerage), rental, lease or loan for use. Oral statements or digital communications (WhatsApp, SMS, social media) shall only qualify as Written if and insofar as Cayenne Stables subsequently explicitly confirms them by e-mail or in a signed document.
- Purchase Price/Fee: the agreed amount in writing excluding additional costs (veterinary checks, transport, insurance, taxes, boarding etc.), unless expressly agreed otherwise in writing.
- Hidden Defects: any physical, psychological or medical deviation that substantially limits normal use and of which the other party could not reasonably have been aware when entering into the Agreement; this definition shall be interpreted as narrowly as possible in favour of Cayenne Stables, to the extent permitted by law.
- Written: recorded in a durable and reproducible format by registered letter or e-mail; WhatsApp/SMS/social media only if Cayenne Stables subsequently explicitly confirms it by e-mail or a signed document.
- Force Majeure: any circumstance beyond Cayenne Stables’ control that prevents or complicates performance, including fire, natural disaster, epidemics, animal disease, technical failures, governmental measures, transport restrictions, customs issues, threat of war, sanctions and trade restrictions.
- Lessor/Landlord / Lessee/Tenant / Trial Period / Visitor / Other Goods / Substitute Horse / Trainer: in accordance with their common meaning under these terms and as further detailed in the articles below.
ARTICLE 2 – APPLICABILITY, HIERARCHY, CONSUMER CLAUSE
- These general terms apply to any legal relationship, intended Agreement, quotation, invoice, service or transaction between Cayenne Stables and the other party. Any use/assignment/transaction implies acceptance, to the extent permitted by law.
- The other party’s terms and conditions are expressly rejected unless Cayenne Stables has accepted them in Writing.
- Deviations shall apply only if confirmed in Writing by Cayenne Stables and only for the specific Agreement concerned.
- If any provision is void, invalid or unenforceable, the remaining provisions shall remain in full force. The parties shall replace the invalid provision with a valid provision that most closely reflects its intent, preserving maximum protection for Cayenne Stables, to the extent permitted by law.
- These terms may be provided electronically (e-mail/website); the other party is deemed to have received them in time.
- Governing law: all Agreements are governed by Dutch law, provided that if the other party is a Consumer and mandatory law of the Consumer’s country of residence grants protection that cannot be contractually excluded, such mandatory protection shall prevail.
- Jurisdiction: disputes shall be submitted to the competent court in Amsterdam, the Netherlands, unless mandatory (consumer) law or mandatory international jurisdiction rules designate another court; in that event, that court shall apply and Amsterdam shall remain competent to the extent additionally permitted.
- Oral/digital statements do not bind Cayenne Stables without Written confirmation.
- Translations: in the event of discrepancies in interpretation, the Dutch version shall prevail.
- If the other party is a Consumer, provisions conflicting with mandatory consumer law shall not apply to the extent required; all other provisions remain fully applicable.
ARTICLE 3 – QUOTATIONS, OFFERS, FORMATION
- Quotations/offers are non-binding and may be withdrawn until signed/accepted in Writing by Cayenne Stables.
- Obvious errors and mistakes do not bind Cayenne Stables.
- An Agreement is formed only by Written confirmation/signature including essential terms.
- A quotation expires 5 calendar days after issue unless stated otherwise.
- Photos/videos/reports are indicative and create no warranties.
- Cayenne Stables may conduct credit checks and require security or refuse service.
ARTICLE 4 – PRICE, PAYMENT, COLLECTION, PENALTIES, RETENTION
- Payment terms are strict. If none is stated, payment is due within 14 days. After expiry, the other party is in default by operation of law (for Consumers: only insofar as permitted by law and after any legally required notice).
- All payment and transaction costs (including exchange rate differences) are for the other party; payment is made only upon full crediting without deductions.
- Interest and collection:
- B2B: statutory commercial interest plus (extra)judicial collection costs, at least 15% of the outstanding amount, without prejudice to full damages.
- B2C: statutory interest and collection costs in accordance with mandatory legal rates and mandatory notice requirements.
- No set-off or suspension by the other party, unless mandatory law provides otherwise.
- Right of retention on all property (including Horses) held by Cayenne Stables until full payment, to the extent permitted by law.
- Penalty for breach: €2,500 per breach plus €250 per day, max €25,000, without prejudice to damages; for Consumers only insofar as permitted by law and not unfair; Cayenne Stables may alternatively claim full damages.
- Deposits are non-refundable upon cancellation/breach, except where mandatory law or a Written exception applies.
- All reasonable (international) collection and enforcement costs are for the other party, except where mandatory law limits this.
- Refunds (if legally required): net amount only after deduction of demonstrable costs, to the extent permitted by law.
- Cayenne Stables may require advance payment/security; refusal entitles Cayenne Stables to suspend/terminate, to the extent permitted by law.
ARTICLE 5 – SALE: DELIVERY, TITLE, RISK, TRANSPORT, IMPORT/EXPORT
- Delivery time/place is determined by Cayenne Stables unless agreed otherwise in Writing.
- Transfer of risk:
- B2B: from the moment the Agreement is formed, all risk of loss/theft/illness/death/depreciation passes to the Buyer/Customer, even if the Horse remains at Cayenne Stables, except in cases of intent or gross negligence by Cayenne Stables.
- B2C: risk passes at the moment of actual delivery/receipt by the Consumer in accordance with mandatory law; until then, risk remains with Cayenne Stables except insofar as damage is caused by the Consumer.
- Title transfers only after full payment and the Horse has physically left Cayenne Stables’ premises; until then, title is retained by Cayenne Stables.
- All veterinary formalities, checks, import/export procedures, costs and risks are for the Buyer/Customer.
- Transport constitutes a separate agreement with the carrier; Cayenne Stables is not liable for transport damage, except in cases of intent or gross negligence.
- If the Buyer/Customer fails to collect timely, all resulting costs (boarding, care, insurance) are for the Buyer/Customer; after Written reminder Cayenne Stables may terminate and (re)sell, to the extent permitted by law.
- International delivery: transport risk passes upon transfer to the carrier (B2B) and for Consumers only insofar as permitted by mandatory law.
- Compliance with customs/import/veterinary rules in the destination country is the Buyer/Customer’s responsibility.
- If the Horse remains temporarily at Cayenne Stables after sale at Buyer/Customer request, Cayenne Stables is not liable except for intent/gross negligence and subject to mandatory law.
- Inspection upon departure: Buyer/Customer must inspect; later claims are limited to the extent permitted by law.
- Sanctions, quarantine, delays and administrative requirements: costs/risks for Buyer/Customer; payment obligations remain due to the extent permitted by law.
ARTICLE 6 – TRANSPORT, COMPETITIONS, INSPECTIONS AND EVENTS
This article consolidates the established provisions: transport and participation in competitions/inspections/events are at the Principal’s risk and expense;
no performance guarantee; broad indemnity; insurance obligation; Cayenne Stables may take emergency veterinary measures including euthanasia following veterinary advice;
no liability except intent or gross negligence; cancellation fees; promotional use of images unless objected to in Writing. For Consumers, this applies only insofar as permitted by law.
- If Cayenne Stables transports or relocates the Horse on behalf of or at the request of the Principal—including transport to/from competitions, inspections, auctions, events or other locations—this is entirely at the Principal’s risk and expense. Cayenne Stables shall not be liable for damage, injury, illness, death, loss, theft or any negative consequences arising during or due to transport or external stays, except for proven intent or gross negligence and subject to mandatory law.
- All transport-related costs (fees, fuel, tolls, parking, veterinary checks, customs, insurance) are borne by the Principal unless agreed otherwise in Writing. The Principal indemnifies Cayenne Stables against third-party liability related to transport to the extent permitted by law.
- Cayenne Stables gives no guarantee of results, performance, rankings or success at competitions, shows, auctions, events or inspections. All risks of poor performance, negative results, disqualification, reputational or commercial loss lie with the Principal.
- The Principal indemnifies Cayenne Stables against claims/proceedings by third parties (organisers, staff, volunteers, veterinarians, judges, visitors, officials, participants) caused by or related to the Horse’s conduct or presence at competitions/inspections/auctions/events, to the extent permitted by law.
- The Principal must obtain adequate insurance covering at least death, permanent disability, medical costs, transport risks and third-party liability. Failure to do so means the Principal accepts all risks and indemnifies Cayenne Stables to the extent permitted by law.
- Cancellation: if cancelled less than 7 days before the planned date, the full agreed fee remains due. If cancelled within 48 hours prior to departure, the Principal additionally owes 50% of (to be) incurred costs, without prejudice to further rights.
- Safety/welfare: Cayenne Stables may terminate participation or cancel transport if safety, health or welfare of people/animals is at risk, without compensation; costs remain for the Principal.
- Medical emergencies: if the Principal is not immediately reachable, Cayenne Stables may, at its professional discretion and following veterinary advice, take necessary measures including emergency treatments, surgery or euthanasia; costs/risks for the Principal to the extent permitted by law.
- Force majeure/delays: Cayenne Stables is not liable for delays/cancellations caused by governmental measures, veterinary rules, customs, technical issues, weather or other unforeseen circumstances; costs/risks remain for the Principal.
- The Principal acknowledges inherent risks of transport and events (stress, injury, infection, accidents) and shall not hold Cayenne Stables liable except for intent/gross negligence and subject to mandatory law.
- The Principal warrants the Horse is free of liens, attachments or legal claims; the Principal indemnifies Cayenne Stables for related consequences.
- If the Horse causes damage to property, other horses or third parties during transport/events, the Principal remains fully liable and indemnifies Cayenne Stables to the extent permitted by law.
- Images: Cayenne Stables may take/use images for promotional purposes unless the Principal objects in Writing in advance.
- Inspection: the Principal confirms inspection of the Horse at departure; Cayenne Stables is not liable for later alleged defects except in cases of intent/gross negligence and subject to mandatory law.
ARTICLE 7 – SALE: VETERINARY CHECKS, BEHAVIOUR, PERFORMANCE, LIABILITY, COMPLAINTS
- A Horse is sold in its factual condition at delivery (“as is”), without warranty regarding health, fitness for purpose, sporting performance or breeding value, to the extent permitted by law. The Buyer/Customer accepts all visible and hidden characteristics and behaviours.
- The Buyer/Customer may arrange veterinary, radiographic or doping tests at their own expense. Defects discoverable by such tests cannot later be invoked for termination or compensation, to the extent permitted by law.
- If the Buyer/Customer’s veterinarian finds no defects prior to purchase, later claims for pre-existing but undetected issues are excluded to the extent permitted by law.
- From the moment risk transfers, all risk and liability rests with the Buyer/Customer, including third-party damage. Cayenne Stables is only liable in cases of intent or gross negligence and subject to mandatory law.
- No warranty is given for sporting or breeding performance; statements or advice do not create a result obligation.
- Notification periods/complaints:
- B2B: visible defects must be reported in Writing within 24 hours; hidden defects within 7 days of discovery and no later than 1 month after delivery, supported by veterinary evidence; failing this, rights lapse.
- B2C: the Consumer shall report defects within a reasonable time after discovery; statutory consumer rights regarding conformity remain unaffected.
- No warranty is provided for future use, health or performance; any statement is a snapshot in time.
- Limitation of liability: Cayenne Stables’ total liability (contractual and tort) is limited to the net amount paid by the Buyer/Customer, with an absolute maximum of €5,000. Indirect/consequential losses, loss of profit and non-material damages are excluded, subject to mandatory law (especially Consumers and/or personal injury).
- Cayenne Stables is not liable for costs/damage arising from foreign laws, veterinary rules or customs provisions.
- Cayenne Stables does not warrant that a Horse is free from doping substances/medication residues. Any sanctions/disqualifications due to substances remain for the Buyer/Customer.
- If the Buyer/Customer requires guaranteed doping-free status for competition, they may arrange a doping test at their own expense prior to purchase. If residues are later found, this cannot be attributed to Cayenne Stables if no test was performed or results were not yet known.
- Stereotypies (crib-biting, wind-sucking, weaving, box-walking) are not Cayenne Stables’ responsibility regardless of discovery time, to the extent permitted by law.
- The Buyer/Customer must investigate breeding value, genetics and studbook records; no warranties are provided.
- Entering Cayenne Stables’ premises and riding/handling Horses is at the visitor’s own risk; Cayenne Stables is not liable for injury except intent/gross negligence and subject to mandatory law.
- The burden of proof for intent or gross negligence of Cayenne Stables lies with the Buyer/Customer.
- Any compensation is preferably provided in kind (e.g., substitute Horse/credit) and not in cash unless Cayenne Stables explicitly agrees in Writing and insofar as permitted by law.
- In a serious medical emergency while the Buyer/Customer is unreachable, Cayenne Stables may, in consultation with a licensed veterinarian, take necessary action including euthanasia in line with guidelines, at the Buyer/Customer’s expense and risk to the extent permitted by law.
ARTICLE 8 – TRAINING, BOARDING, CARE AND (SALES) BROKERAGE
- This article applies where the Agreement concerns training, boarding, care, transport, (sales) brokerage or otherwise keeping a Horse owned by the Principal/Buyer/Customer. Other articles remain applicable.
- The Principal acknowledges that training, boarding, transport and keeping Horses involve inherent risks (injury, illness, death, depreciation, behavioural changes, third-party/property damage). Cayenne Stables excludes liability except intent/gross negligence and subject to mandatory law.
- Cayenne Stables has an obligation of best efforts only, not of result; no guarantees of performance, results, inspection outcomes or saleability.
- Transport at the Principal’s request/on behalf is at the Principal’s risk and expense; the Principal shall ensure adequate insurance beforehand.
- The Principal must insure the Horse throughout the term at least for death, permanent disability, medical costs and third-party liability; evidence upon first request. If absent: risks/costs remain with the Principal; indemnification applies to the extent permitted by law.
- The Principal indemnifies Cayenne Stables against third-party claims caused by or related to the Horse during stay/training/transport, to the extent permitted by law.
- Emergency authority: if the Principal is not reachable, Cayenne Stables may take necessary veterinary measures including treatment/surgery/euthanasia following veterinary advice; costs/risks for the Principal to the extent permitted by law.
- No liability for reputational/brand/commercial loss or other indirect loss caused by the Horse or by not achieving desired results, subject to mandatory law.
- No liability for depreciation or loss of commercial value, except intent/gross negligence and subject to mandatory law.
- Right of retention for arrears; if arrears exceed 60 days Cayenne Stables may (re)sell at a reasonable market value; proceeds are settled against outstanding amounts; any shortfall remains due, to the extent permitted by law.
- The Principal warrants the Horse is free from liens/attachments/claims; indemnification applies for any breach.
- Cayenne Stables may relocate the Horse to another location (clinic/training/stable) if necessary; costs/risks for the Principal.
- Damage arising from interactions between Horses is the Principal’s risk except intent/gross negligence and subject to mandatory law.
- No guarantees regarding saleability, price or sale timeframe; failure does not entitle the Principal to compensation.
- Mandatory veterinary intake upon arrival by a designated veterinarian; follow-up diagnostics/treatment may be performed without prior consent if reasonably necessary for welfare/safety; all costs for the Principal; refusal entitles Cayenne Stables to refuse/return/terminate without liability, to the extent permitted by law.
ARTICLE 9 – NON-PERFORMANCE, TERMINATION, (RE)SALE AND VALUATION
- If the other party breaches and default occurs (after notice where required), Cayenne Stables may terminate extrajudicially. The right to full damages remains.
- Upon default Cayenne Stables may (re)sell/dispose of/valuate the Horse; all costs for the defaulting party; choice of valuator, timing and method at Cayenne Stables, to the extent permitted by law.
- Proceeds are first set off against all outstanding claims; any surplus is paid; any shortfall remains due.
- No liability if the (re)sale price is lower than the other party believes achievable; claims for “too low” proceeds are excluded to the extent permitted by law.
- Once signed, unilateral cancellation/termination by the other party is not possible without Cayenne Stables’ Written consent; Cayenne Stables may claim damages including boarding/marketing costs.
- If payment is overdue by more than 30 days, Cayenne Stables may (re)sell the Horse; settlement as above, to the extent permitted by law.
- All reasonable legal/advisory costs due to non-performance may be recovered from the defaulting party, except where mandatory law limits this.
- In bankruptcy/suspension/attachment on the Horse, Cayenne Stables may terminate immediately and retrieve and/or (re)sell; costs for the other party, to the extent permitted by law.
ARTICLE 10 – OTHER GOODS
- Sale/delivery of other goods is “as is”. Cayenne Stables is not liable for damage/defects/accidents from use/assembly/maintenance unless intent/gross negligence and subject to mandatory law.
- From delivery, risk lies with the other party; without Written warranty no compensation is owed, to the extent permitted by law.
- The other party indemnifies Cayenne Stables against third-party claims relating to the condition/properties/use, to the extent permitted by law.
ARTICLE 11 – FORCE MAJEURE
- In case of Force Majeure, Cayenne Stables may suspend obligations without liability for damages/termination, subject to mandatory law.
- If Force Majeure lasts longer than 2 months, Cayenne Stables may terminate in Writing without compensation, to the extent permitted by law.
- Partial performance may be invoiced separately; the other party shall pay as if it were a separate Agreement, to the extent permitted by law.
- Force Majeure includes national/international calamities, epidemics, transport/customs restrictions, sanctions, trade restrictions, quarantines and transport stoppage by veterinary rules or governmental intervention.
ARTICLE 12 – CONFIDENTIALITY, PRIVACY, CCTV AND IMAGE RIGHTS
- The other party shall keep all confidential information of Cayenne Stables strictly confidential, including business strategies, price lists, client files, veterinary data, breeding/training methods and other sensitive business information.
- The other party ensures affiliated persons comply; breaches by them are attributable to the other party.
- Breach of confidentiality triggers an immediately due penalty of €25,000 per breach, without prejudice to further damages; for Consumers only insofar as permitted by law and not unfair.
- Without Cayenne Stables’ Written consent, it is prohibited to publish images of Cayenne Stables’ premises, staff, facilities, methods or Horses; penalty as above, to the extent permitted by law.
- Cayenne Stables processes personal data in accordance with applicable law and shares data only where legally required or necessary for performance.
- Confidentiality remains in force for at least 5 years after termination.
- CCTV/digital monitoring: Cayenne Stables may collect security and evidence material and use it in disputes, provided this complies with privacy law; Cayenne Stables refers to its privacy statement (available upon request).
- Cayenne Stables may use photo/video material of (sold) Horses for marketing unless the Buyer/Customer objects in Writing in advance.
ARTICLE 13 – INDEMNIFICATION
- The other party indemnifies Cayenne Stables against third-party claims relating to the Horse or services once risk has transferred or from the moment the Agreement is entered into, to the extent permitted by law.
- The indemnity does not apply insofar as the other party proves intent or gross negligence by Cayenne Stables, and subject to mandatory law.
- If a third party suffers injury due to a Horse under the other party’s control/management, Cayenne Stables is not liable except for intent/gross negligence and subject to mandatory law.
ARTICLE 14 – INSURANCE
- The other party must have insurance prior to first use or transport covering at least death, accidents and third-party liability. Evidence must be provided upon request.
- Upon request, a valid policy must be provided within 5 working days. If absent, Cayenne Stables may suspend/terminate, without prejudice to damages, to the extent permitted by law.
- Any refusal/limitation of coverage by the insurer never results in liability for Cayenne Stables.
- If insurance is omitted and damage/death/incident occurs, no compensation may be claimed from Cayenne Stables; risk remains with the other party, subject to mandatory law.
- If no transport insurance exists, the other party indemnifies Cayenne Stables for any damage/loss during transport, to the extent permitted by law.
- If the Horse is boarded/brokered at Cayenne Stables, the Principal must carry at least death and liability insurance; if omitted, all risks remain with the Principal.
- Cayenne Stables may take out necessary insurance if the other party is negligent and may recharge costs, to the extent permitted by law.
ARTICLE 15 – ONLINE REVIEWS, PUBLICATIONS AND REPUTATION
- The other party shall refrain from unlawful (defamatory, demonstrably false or misleading) statements regarding Cayenne Stables, its staff, facilities or services.
- If the other party publishes unlawful statements causing demonstrable damage, the other party forfeits a penalty of €2,500 per breach plus €250 per day the unlawful publication remains online after a written notice, up to €10,000, without prejudice to additional damages; for Consumers only insofar as permitted by law and not unfair.
- Unlawful statements include unfounded or misleading publications that harm professional reputation.
- Upon Written request to remove an unlawful statement, removal must occur within 48 hours; otherwise penalties remain due and damages may be claimed, to the extent permitted by law.
- If harmful statements are anonymous/pseudonymous but demonstrably originate from the other party’s sphere, the other party is presumed liable; rebuttal proof lies with the other party to the extent permitted by law.
- The other party may be liable for harmful statements by affiliated persons insofar as the law allows.
ARTICLE 16 – RENTAL, LEASE AND LOAN FOR USE
- Cayenne Stables retains legal title; the Lessee/Tenant acquires no ownership or security rights.
- From actual handover, all risks (injury, illness, death, third-party damage) rest with the Lessee/Tenant; all related costs/liabilities are for their account.
- The Lessee/Tenant must have suitable insurance (death, medical costs, liability). If absent, all risks lie with the Lessee/Tenant.
- The Horse may only be used by pre-approved persons and for the agreed purpose; any other use requires Written consent.
- All costs (boarding, care, training, insurance, vet, farrier) during the period are for the Lessee/Tenant unless agreed otherwise in Writing.
- Damage/illness/death must be reported immediately in Writing; financial consequences remain with the Lessee/Tenant.
- Cayenne Stables may retrieve the Horse at any time in case of breach or if safety/welfare is at risk; the Lessee/Tenant must cooperate immediately.
- The Lessee/Tenant indemnifies Cayenne Stables against third-party claims arising during the rental/lease/loan period to the extent permitted by law.
- At the end of the period, the Lessee/Tenant must return the Horse without delay at their own cost unless agreed otherwise in Writing.
- Commercial use (lessons/subleasing) is prohibited without Written consent; penalty €5,000 per breach without prejudice to damages, to the extent permitted by law.
- Cayenne Stables may perform inspections; the Lessee/Tenant shall cooperate.
- Any improvement or deterioration of the Horse during the period is at the Lessee/Tenant’s risk and expense.
ARTICLE 17 – TRIAL PERIOD AND TEST RIDING
- If a Trial Period is agreed, these terms apply in full unless agreed otherwise in Writing.
- During the Trial Period, Cayenne Stables remains the legal owner.
- Once the prospective Buyer/Customer takes the Horse under their control (physically or legally as risk-holder), all risks rest with the prospective Buyer/Customer to the extent permitted by law.
- The prospective Buyer/Customer must have insurance covering at least death, medical costs, accidents and third-party liability; failure is at their own risk.
- The Horse may only be used by approved persons solely to assess purchase suitability; any other use is prohibited without Written consent.
- The Trial Period lasts a maximum of 7 days unless agreed otherwise in Writing; thereafter the Horse must be returned or the purchase finalised.
- In case of damage/illness/death/serious incident, the prospective Buyer/Customer informs Cayenne Stables immediately in Writing; all costs/risks remain with the prospective Buyer/Customer.
- Cayenne Stables may end the Trial Period immediately in case of non-compliance or danger to safety/welfare.
- The prospective Buyer/Customer indemnifies Cayenne Stables for third-party claims during the Trial Period to the extent permitted by law.
- Even short visits or test rides are at the prospective Buyer/Customer’s own risk; Cayenne Stables is not liable except for intent/gross negligence and subject to mandatory law.
- Risk for incidents passes once the Horse leaves Cayenne Stables’ premises regardless of who transports it, to the extent permitted by law.
- Depreciation due to injury/damage during the Trial Period is for the prospective Buyer/Customer.
- Cayenne Stables may arrange an independent inspection upon return to assess damage; costs are for the prospective Buyer/Customer if damage is found.
ARTICLE 18 – ACCESS TO PREMISES, SAFETY AND MINORS
- Any Visitor entering Cayenne Stables’ premises or third-party locations does so entirely at their own risk and responsibility.
- Cayenne Stables is not liable for damage, injury, theft or loss except in cases of intent/gross negligence and subject to mandatory law.
- The Visitor acknowledges the inherent risks of equestrian environments and handling Horses.
- The Visitor must have adequate liability/accident insurance; lack thereof cannot create liability for Cayenne Stables.
- Riding or handling Horses is at the Visitor’s own risk; Cayenne Stables is not liable except intent/gross negligence and subject to mandatory law.
- The Visitor indemnifies Cayenne Stables against third-party claims resulting from the Visitor’s actions/presence to the extent permitted by law.
- Cayenne Stables may deny access or remove persons if safety, health or property is at risk.
- The Visitor must follow all instructions and safety rules; damage due to non-compliance is for the Visitor.
- Minors may enter only under continuous supervision of a legal guardian or authorised adult; Cayenne Stables is not liable for minors except intent/gross negligence and subject to mandatory law.
- Cayenne Stables may request identification or deny access if insufficient insurance/identification is shown or if safety so requires.
- Appropriate safety equipment (helmet, sturdy footwear) is mandatory when riding/handling, particularly for minors; non-compliance is at own risk.
ARTICLE 19 – INCIDENTAL USE / LENDING / SHORT-TERM RIDING
- If Cayenne Stables makes a Horse available incidentally or without a formal written agreement, these terms apply in full.
- From the moment the third party has the Horse under their control, all risks (injury, illness, death, third-party damage) lie with that third party, to the extent permitted by law.
- The third party must ensure adequate insurance; if absent, all risks and financial consequences remain with the third party.
- The third party indemnifies Cayenne Stables against third-party claims related to use/possession during the incidental period to the extent permitted by law.
- Even very short-term use (single test ride) triggers immediate risk transfer to the third party, to the extent permitted by law.
ARTICLE 20 – DISTANCE AND OFF-PREMISES CONTRACTS (CONSUMERS ONLY, IF APPLICABLE)
- This article applies only if a Consumer enters into an Agreement at a distance (internet, e-mail, phone, WhatsApp) or off-premises.
- Cayenne Stables provides statutory pre-contract information on a durable medium where required.
- Right of withdrawal: the Consumer may withdraw from the Agreement within 14 days after (i) delivery of goods or (ii) conclusion of a services Agreement, insofar as the right of withdrawal applies by law and no statutory exception applies.
- If the Consumer requests that a service starts during the withdrawal period, the Consumer owes a proportionate amount for the part already performed upon withdrawal, insofar as permitted by law.
- For Horses/living animals, custom-made performance, or situations where statutory exceptions apply, withdrawal may be (partly) excluded; in that case, the statutory rules prevail.
- Withdrawal must be communicated unambiguously by e-mail. Cayenne Stables will confirm receipt.
ARTICLE 21 – FINAL PROVISIONS
- These terms apply from the first contact and to all documents/actions; in case of conflict, the Written Agreement prevails unless stated otherwise.
- Amendments: Cayenne Stables may unilaterally amend these terms; amended terms apply after notification, to the extent permitted by law.
- If, for Consumers, an amendment cannot legally take effect for ongoing Agreements, the previous version remains applicable to that ongoing Agreement.
- The Dutch language version prevails; translations are for convenience only.
- Adopted and declared binding by Cayenne Stables.
© Cayenne Stables – General Terms and Conditions – Version 01-01-2025