General terms and conditions
Version: 2025
ARTICLE 1 – DEFINITIONS
1.1 Cayenne Stables: the professional entity that applies these general terms and conditions and is active in the (international) equine sector, as well as any (legal) person acting directly or indirectly on behalf or under the instruction of Cayenne Stables. This party may act, among other roles, as a seller, intermediary, trainer, stable provider, lessor, or in any other capacity, all in the broadest sense.
1.2 Buyer/Client: any natural or legal person who intends to enter into an Agreement with Cayenne Stables, does so, or enters into negotiations about it, including their representatives, agents, trainers, stable managers, authorized persons, employees, or any other third parties acting on behalf or for the account of the Buyer/Client. Any lack of sufficient veterinary, legal, fiscal, or financial knowledge and information shall at all times be at the risk of the Buyer/Client.
1.3 Principal: any (legal) person who explicitly instructs Cayenne Stables to carry out (sale or purchase) intermediation, training, stabling, transport mediation, or other services related to a Horse. This party may also fall under the definition of Buyer/Client, depending on the factual context.
1.4 Horse: any horse, pony, foal, embryo, or other (breeding) animal, including any offspring and derived breeding products, that is or may be the subject of a (proposed) Agreement or service between Cayenne Stables and Buyer/Client or Principal.
1.5 Agreement: any legally valid, written arrangement between Cayenne Stables and Buyer/Client or between Cayenne Stables and Principal, relating (but not limited) to purchase, sale, (sale/purchase) intermediation, training, stabling, transport mediation, renting, leasing, or loan for use. Oral promises or digital statements (such as WhatsApp, SMS, social media) shall only count as Written if and insofar as Cayenne Stables subsequently expressly confirms them (for instance, by email or in a signed document).
1.6 Purchase Price / Fee: the contractually agreed amount in writing that Buyer/Client or Principal owes to Cayenne Stables for the agreed performance (such as purchase, sale, training, stabling, intermediation, renting, or leasing), always excluding any supplementary or additional costs (for example, veterinary examinations, transport, insurance, taxes, stabling) unless otherwise stated in writing.
1.7 Hidden defects: any physical, psychological, or medical abnormality of the Horse that substantially restricts its normal use or function, and of which Buyer/Client or Principal could not reasonably have been aware when concluding or performing the Agreement. This definition shall be interpreted as narrowly as possible to the advantage of Cayenne Stables.
1.8 Written: a form of communication recorded on a durable and reproducible medium by registered letter or email. Digital communication such as WhatsApp, SMS, and social media is recognized as Written only if Cayenne Stables subsequently expressly confirms it (for instance, by email or in a signed document).
1.9 Force majeure: any event or circumstance beyond the control of Cayenne Stables that hinders, delays, or makes it impossible to (fully or timely) fulfill obligations. This includes, among other things, fire, natural disasters, epidemics, (inter)national emergencies, animal diseases, technical malfunctions, government measures, transport restrictions, customs issues, threat of war, sanctions, or trade restrictions.
1.10 Lessor: Cayenne Stables in the capacity in which it temporarily makes a Horse available to third parties by means of renting, leasing, loan for use, or any similar arrangement, regardless of whether a fee is due.
1.11 Lessee: any natural or legal person who, by virtue of an Agreement with Cayenne Stables, temporarily takes possession of a Horse through renting, leasing, or loan for use.
1.12 Trial period: a period agreed in writing in advance in which a (potential) Buyer/Client temporarily uses a Horse to assess its suitability for a possible purchase.
1.13 Visitor: any natural or legal person who enters the premises of Cayenne Stables or who is with Cayenne Stables on third-party premises (for instance, for viewings, test rides, events, or examinations), regardless of the title or reason for the visit.
1.14 Other goods: all non-living objects—such as bridles, saddles, blankets, tack, protectors, training equipment, and related items—sold, rented, lent, or otherwise provided by Cayenne Stables to Buyer/Client or Principal.
1.15 Substitute Horse: a horse that is made available in writing to Buyer/Client if the originally agreed Horse is (temporarily) unavailable. This only applies if Cayenne Stables agrees, under costs and conditions to be further determined.
1.16 Trainer: any natural person who, on behalf or under the instruction of Cayenne Stables, provides training or guidance to Buyer/Client, Principal, or third parties.
ARTICLE 2 – APPLICABILITY AND PRIORITY
2.1 These general terms and conditions are unconditionally applicable to any existing, future, or intended legal relationship between Cayenne Stables and Buyer/Client, as well as between Cayenne Stables and Principal, regardless of how it comes into being. Any form of use, assignment, or transaction implies acceptance of these terms and conditions, without the need for a separate signature.
2.2 Any (general) terms and conditions of Buyer/Client, Principal, or third parties are expressly rejected unless Cayenne Stables has accepted them in Writing. In the event of conflict between such terms and conditions and these, the Cayenne Stables terms and conditions shall always prevail.
2.3 Deviations are only valid if confirmed in Writing by Cayenne Stables. Such deviations apply only to the specific Agreement to which they relate.
2.4 If a provision of these terms and conditions is null, invalid, or unenforceable, the other provisions shall remain in full force. In that event, the parties undertake to jointly agree on a replacement provision that as closely as possible approximates the intention of the invalid provision, preserving the protective effect for Cayenne Stables.
2.5 Cayenne Stables may also provide these terms and conditions electronically (for example, by email or via the website), whereupon Buyer/Client or Principal is deemed to have received and accepted them in a timely manner.
2.6 All Agreements are governed exclusively by Dutch law, with explicit exclusion of any other legal systems or international provisions that limit the exclusivity of Dutch law.
2.7 Buyer/Client and/or Principal acknowledges that in foreign jurisdictions local rules may be applied and accepts that all resulting risks and liabilities remain fully for his/her own account.
2.8 Oral promises or digital communications (WhatsApp, SMS, social media) have no binding effect unless Cayenne Stables subsequently confirms them in Writing, for example by email or in a document signed by both parties.
2.9 All disputes arising from or related to these general terms and conditions or the Agreements to which they refer shall be brought exclusively before the competent court in Amsterdam, unless mandatory law stipulates otherwise.
2.10 If these general terms and conditions are translated into another language, the Dutch version shall be binding in case of conflict or dispute.
2.11 If the other party qualifies as a consumer within the meaning of the law, then any provisions in these terms and conditions that conflict with mandatory consumer regulations shall be moderated or set aside to the extent required by law. All other provisions remain fully applicable. The mere fact that these terms and conditions contain exclusions or limitations of liability and/or warranties does not mean that Cayenne Stables waives compliance with any mandatory consumer regulations.
ARTICLE 3 – QUOTATIONS, OFFERS, AND CONCLUSION OF AGREEMENT
3.1 All quotations, price statements, and offers made by Cayenne Stables are without obligation and may be revoked or amended by Cayenne Stables at any time, as long as there is no legally valid Agreement signed by both parties. This applies even if the quotation or offer states a deadline for acceptance.
3.2 Apparent printing, calculation, or typographical errors are not binding on Cayenne Stables and do not entitle Buyer/Client or Principal to any delivery, performance, or compensation.
3.3 An Agreement is formed only when both parties have confirmed or signed it in Writing, including the essential terms (e.g., purchase price, obligations, duration). Digital or oral statements outside this Agreement are not binding without Written confirmation by Cayenne Stables.
3.4 If no validity period is stated, a quotation from Cayenne Stables expires by operation of law five calendar days after the date of issuance, without further notice.
3.5 Information provided by Cayenne Stables, such as photos, videos, or veterinary reports, is indicative in nature. No rights or guarantees may be derived from it.
3.6 Cayenne Stables is entitled to conduct a credit check or solvency investigation on Buyer/Client or Principal and to require (for example) additional security, or to refuse services if the results are negative.
ARTICLE 4 – PRICE, RATES, AND PAYMENT
4.1 The payment term stated in the Agreement or on the invoice is final. Failing that, a period of fourteen days after the invoice date applies. After this period expires, Buyer/Client or Principal is in default by operation of law, without any notice of default being required.
4.2 All costs associated with payment (such as bank charges, international transaction fees, exchange rate differences) shall be fully borne by Buyer/Client or Principal. Payment is only deemed to have been made when the full amount has been credited without deductions to the bank account indicated by Cayenne Stables.
4.3 In the event of default, the other party owes statutory (commercial) interest, plus (extrajudicial) collection costs and all other reasonable costs of recovery. The collection costs are at least fifteen percent of the amount due, without prejudice to the right to full compensation.
4.4 Buyer/Client or Principal may not apply any set-off, suspension, or withholding, regardless of any defects or (counter)claims.
4.5 Cayenne Stables has a right of retention on all items (including Horses) that it holds under the Agreement until all claims are fully paid, including interest and costs.
4.6 If Buyer/Client or Principal defaults, he/she incurs an immediately payable penalty of 2500 euros per violation, plus 250 euros for each day the violation continues, up to a maximum of 25000 euros. This does not affect Cayenne Stables’ right to additional damages.
4.7 An agreed deposit will not be refunded if Buyer/Client or Principal cancels or defaults, unless a mandatory legal provision or an exception accepted in Writing by Cayenne Stables provides otherwise.
4.8 All (extrajudicial) collection costs that Cayenne Stables must reasonably incur to collect its claims are fully borne by Buyer/Client or Principal (for instance, international collection procedures, bailiff fees, legal assistance).
4.9 If Cayenne Stables is legally obliged or has been given Written permission to refund an amount already paid, only the net amount minus the costs incurred will be refunded.
4.10 Cayenne Stables may at any time request a (partial) advance payment or additional security if the nature or scope of the assignment warrants it (for instance, in the case of costly services such as international transport or training). If the other party refuses the requested advance payment, Cayenne Stables may suspend its obligations or terminate the Agreement, without prejudice to its right to compensation.
ARTICLE 5 – DELIVERY, OWNERSHIP, AND TRANSFER OF RISK IN SALES
5.1 Delivery of the Horse takes place in the manner, place, and time determined by Cayenne Stables, unless otherwise agreed in Writing. In the absence of further arrangements, Cayenne Stables is free to choose the delivery time and location.
5.2 From the moment the Agreement is validly concluded (e.g., signed), all risks of loss, theft, illness, death, or depreciation are borne by Buyer/Client, even if the Horse is still with Cayenne Stables. Cayenne Stables is not liable, except in cases of intent or gross negligence.
5.3 Legal ownership of the Horse does not transfer to Buyer/Client until the full purchase price (including any additional costs) has been received by Cayenne Stables and the Horse has physically left Cayenne Stables’ premises. Until then, Cayenne Stables retains ownership, regardless of who actually possesses the Horse.
5.4 All veterinary formalities (also internationally), inspections, import/export procedures, and associated costs and risks are borne by Buyer/Client. Advice from Cayenne Stables does not relieve Buyer/Client of his/her own obligations.
5.5 The transport of the Horse is a separate agreement between Buyer/Client and a carrier, with Cayenne Stables not being a party and not being liable for any shortcomings or damage during transport, regardless of who performs the transport.
5.6 If Buyer/Client fails to take delivery of the Horse on time, all related costs (stabling, care, insurance) are borne by him/her. If Buyer/Client remains in default after a Written reminder, Cayenne Stables may terminate the Agreement and (re)sell the Horse without any liability for damages.
5.7 In international deliveries, full transport risk passes to Buyer/Client once the Horse is handed over to the international carrier. From that point on, Cayenne Stables is not liable, except in cases of intent or gross negligence.
5.8 Buyer/Client is responsible for complying with all customs, import, and veterinary regulations in the destination country. Any delays, costs, or complications in that regard are fully at Buyer/Client’s expense.
5.9 If, after the sale, the Horse—at the request of Buyer/Client—(temporarily) remains on Cayenne Stables’ premises, Cayenne Stables is not liable for injuries, illness, death, or other damage, unless there is intent or gross negligence on the part of Cayenne Stables.
5.10 Buyer/Client must inspect the Horse before it leaves Cayenne Stables’ premises. Any defects discovered thereafter are at Buyer/Client’s risk and cannot be attributed to Cayenne Stables.
5.11 Cayenne Stables is not responsible for compliance with foreign (veterinary or fiscal) regulations. All associated costs and risks lie unconditionally with Buyer/Client.
5.12 Buyer/Client undertakes to insure the Horse immediately after physical transfer at least against mortality, veterinary costs, and third-party liability. Failure to do so remains entirely at Buyer/Client’s own risk.
5.13 If sanctions, trade restrictions, or government measures prevent the import or export of a Horse, the payment obligation remains fully in effect. Any additional costs (for instance, stabling or rerouting of transport) are borne by Buyer/Client.
5.14 Failure to comply with veterinary, administrative, or identification procedures regarding delivery (for example, passport registration) is at Buyer/Client’s risk and expense. Cayenne Stables may charge additional costs (administration, storage, insurance) if delays occur due to Buyer/Client’s negligence.
5.15 If, in cross-border traffic, a mandatory quarantine, veterinary inspection, or other intrusive measure is imposed by government authorities, all resulting costs and delays shall be at Buyer/Client’s expense and risk. This does not entitle Buyer/Client to terminate the agreement or claim compensation.
ARTICLE 6 – TRANSPORT, COMPETITIONS, INSPECTIONS, AND EVENTS
6.1 If Cayenne Stables transports, moves, or transfers the Horse on behalf of or at the request of the Client—including explicitly transportation to competitions, inspections, auctions, events, or any other locations—this transportation is entirely at the risk and expense of the Client. Cayenne Stables shall under no circumstances be liable for damage, injury, illness, death, loss, theft, or any other negative consequences occurring during or resulting from transportation or the stay at other locations, except in cases of demonstrable gross negligence or intentional misconduct by Cayenne Stables.
6.2 All costs associated with transport—such as transportation fees, fuel, tolls, parking, veterinary inspections, customs duties, and any necessary insurance—are fully borne by the Client, unless explicitly agreed otherwise in writing. The Client fully indemnifies Cayenne Stables against any third-party claims related to damage or loss during transport.
6.3 Cayenne Stables provides no guarantees whatsoever regarding results, performance, outcomes, or success during participation in competitions, shows, auctions, events, or inspections. All risks of poor performance, negative outcomes, disqualifications, reputational damage, commercial harm, or other adverse consequences rest solely and exclusively with the Client. The Client explicitly acknowledges that Cayenne Stables cannot be held liable for these outcomes.
6.4 The Client fully indemnifies Cayenne Stables against any liability, claims, or legal proceedings initiated by third parties—including but not limited to organizers, employees, volunteers, veterinarians, judges, visitors, customers, officials, and other participants—arising from or related to the behaviour, actions, or presence of the Horse at competitions, inspections, auctions, or other events. This indemnification is absolute and unconditional, except in cases of demonstrable gross negligence or intentional misconduct by Cayenne Stables.
6.5 The Client is required to secure adequate insurance prior to transportation, competition participation, events, or other external activities, covering at least death, permanent disability, veterinary costs, transport-related risks, and third-party liability. If the Client fails to fulfill this insurance obligation, they explicitly accept all resulting risks and fully indemnify Cayenne Stables against liability and claims arising therefrom.
6.6 If participation in a competition, inspection, event, or transport is cancelled by the Client less than seven days prior to the scheduled date, the full agreed fee remains payable. For cancellations within 48 hours before departure, the Client is additionally liable for 50% of the incurred or planned costs, without prejudice to Cayenne Stables’ further right to full compensation.
6.7 Cayenne Stables has the right to immediately terminate or cancel participation or transport if, in the opinion of Cayenne Stables, the safety, health, or welfare of humans or animals is endangered during transport, competitions, inspections, auctions, or events. The Client has no right to compensation, and all incurred costs remain fully payable by the Client.
6.8 Cayenne Stables explicitly reserves the right, in urgent veterinary emergencies occurring during transport or external activities where the Client is unreachable, to independently undertake necessary veterinary measures, including emergency treatment, surgical intervention, or euthanasia as advised by a veterinarian. The Client explicitly consents to this authority, accepting that all resulting costs, risks, and consequences are fully borne by the Client.
6.9 Cayenne Stables shall under no circumstances be liable for delays, cancellations, alterations, or restrictions resulting from government measures, veterinary regulations, customs formalities, technical problems, transportation disruptions, weather conditions, or other unforeseen situations, including cases of force majeure. All resulting risks, costs, and consequences remain solely with the Client.
6.10 The Client explicitly acknowledges and fully accepts all inherent risks associated with transportation and participation in events, competitions, and inspections, including increased stress, injuries, infections, and accidents. The Client will never hold Cayenne Stables liable for such consequences, except in cases of demonstrable gross negligence or intentional misconduct by Cayenne Stables.
6.11 The Client explicitly warrants that the Horse is free from any legal encumbrances such as pledges, seizures, ownership restrictions, or other claims. Should legal proceedings or seizures occur during transport or participation, the Client fully indemnifies Cayenne Stables against all resulting damages, costs, and legal consequences.
6.12 If a Horse causes damage to property or other horses during transport or events, the Client remains fully liable and explicitly indemnifies Cayenne Stables against any third-party claims.
6.13 Cayenne Stables is entitled to create or use visual material taken during competitions or events for promotional purposes, unless the Client has explicitly objected to this in writing beforehand. By default, the Client consents to such use.
6.14 The Client explicitly acknowledges having inspected the Horse for visible defects or medical problems upon departure from Cayenne Stables’ premises or any other location, including when transported by Cayenne Stables. Cayenne Stables shall not be liable for defects identified during or after transport, competitions, or events unless there is demonstrable gross negligence or intentional misconduct.
ARTICLE 7 – INSPECTION, BEHAVIOR, PERFORMANCE, AND LIABILITY IN SALES
7.1 A Horse is sold in the factual condition it is in at the time of delivery, without any guarantee as to health, intended use, competition performance, or breeding value. Buyer/Client accepts all visible and invisible characteristics and behaviors of the Horse.
7.2 Buyer/Client may (but is not obliged to) conduct veterinary, radiological, or doping examinations at its own expense. Defects that could have been discovered through such an examination cannot later be invoked as grounds for termination or compensation.
7.3 If Buyer/Client’s veterinarian does not observe any defects prior to purchase, any later claims regarding pre-existing but previously undetected health problems expire.
7.4 Once the Horse is factually or legally at Buyer/Client’s risk (pursuant to Article 6:179 of the Dutch Civil Code), full risk and liability lie with Buyer/Client, including for damage to third parties. Cayenne Stables is not liable, except in cases of intent or gross negligence on its part.
7.5 No guarantee is given regarding sporting or breeding performance. Statements or advice by Cayenne Stables or third parties do not create any obligation to achieve a particular result or liability.
7.6 Visible defects must be reported in Writing within 24 hours of actual delivery. Hidden defects must be reported within seven days of discovery and no later than one month after delivery, with veterinary evidence. After these periods, any right to complain or compensation lapses.
7.7 Cayenne Stables provides no warranty for future use, health, or performance capacity of the Horse; any statement is merely a snapshot.
7.8 The total liability of Cayenne Stables (under contract or tort) is limited to the net amount paid by Buyer/Client, with an absolute maximum of 5000 euros. Indirect damage, consequential damage, lost profit, and immaterial damage are excluded.
7.9 Cayenne Stables is not liable for costs or damage resulting from foreign legislation or regulations, veterinary requirements, or customs rules.
7.10 Advice or guidance from Cayenne Stables or third parties never constitutes a guarantee of any result.
7.11 Cayenne Stables does not warrant that a Horse is free of doping or medication. Any sanctions or disqualification due to (residual) substances are borne by Buyer/Client.
7.11.1 If Buyer/Client wishes to ensure doping-free status for competition purposes, he or she may conduct a doping test at their own expense prior to purchase. If it turns out later that (residual) substances are present, this cannot be attributed to Cayenne Stables if no test was conducted beforehand or if the results were not yet known.
7.12 Stereotypies (crib-biting, wind-sucking, weaving, box-walking) are not the responsibility of Cayenne Stables, regardless of when they are discovered.
7.13 Buyer/Client must investigate breeding value, genetic traits, and studbook data; no guarantees are given on these points.
7.14 Entering Cayenne Stables’ premises and riding or handling Horses is always at one’s own risk. Cayenne Stables is not liable for injury, except in cases of intent or gross negligence.
7.15 All complaints about the Horse must be reported in Writing and in accordance with the specified deadlines. After these deadlines, any right to compensation or termination expires.
7.16 The burden of proof for intent or gross negligence by Cayenne Stables always rests with Buyer/Client.
7.17 Cayenne Stables is not responsible for veterinary diagnoses, treatments, or advice given by third parties (such as veterinarians or farriers), even if recommended by Cayenne Stables. Notwithstanding anything else in these terms, Cayenne Stables shall not be liable for errors, omissions, or shortcomings of veterinarians, farriers, or other third parties hired by Buyer/Client or Cayenne Stables. Buyer/Client indemnifies Cayenne Stables against all claims arising therefrom.
7.18 Pursuant to Article 6:179 of the Dutch Civil Code (liability for animals), the strict liability lies with the keeper or owner of the Horse from the moment of the risk transfer. Even if the Horse remains at Cayenne Stables’ premises, Buyer/Client remains the legal keeper.
7.19 Oral statements or remarks by Cayenne Stables staff concerning the Horse’s health, suitability, or performance can never constitute a binding warranty, unless confirmed in Writing by an authorized person of Cayenne Stables.
7.20 Any compensation is provided solely in kind (e.g., a substitute Horse or a credit note) and never in cash, unless Cayenne Stables explicitly and in Writing determines otherwise.
7.21 If the Horse is on Cayenne Stables’ premises and a serious medical emergency occurs (for example, colic or fatal injury) while Buyer/Client cannot be reached, Cayenne Stables is authorized, in consultation with a qualified veterinarian, to take all necessary actions, including euthanasia in accordance with current veterinary guidelines, at Buyer/Client’s expense and risk. Postponing such a decision is not considered responsible if it would irreparably harm the Horse’s welfare. All financial consequences and risks remain for Buyer/Client, unless there is intent or gross negligence by Cayenne Stables.
ARTICLE 8 – TRAINING, STABLING, AND (SALE/PURCHASE) INTERMEDIATION
8.1 This article applies fully if the Agreement relates to training, stabling, care, transport, sales brokerage, or otherwise holding or managing a Horse owned by the Client/Purchaser/Principal. All other articles and conditions in these General Terms remain integrally applicable.
8.2 The Client explicitly acknowledges that training, stabling, transport, and the general management of Horses inherently involve significant risks, including, but not limited to, injury, illness, death, depreciation in value, behavioural changes, and damage to third parties or property. Cayenne Stables explicitly denies all liability in this respect, except in the event of demonstrable gross negligence or intentional misconduct by Cayenne Stables.
8.3 Cayenne Stables explicitly undertakes only a best-efforts obligation concerning training and care of the Horse and explicitly never provides any guarantee or promise concerning results. Cayenne Stables shall under no circumstances be liable if certain training objectives, desired results, competition achievements, inspection outcomes, or sales targets are not achieved. The Client expressly acknowledges that the failure to achieve desired results does not give rise to any liability on the part of Cayenne Stables.
8.4 If Cayenne Stables collects, transports, or moves the Horse on behalf of or at the request of the Client, such transport shall be conducted entirely at the Client’s risk and expense. The Client expressly agrees that Cayenne Stables shall not be held liable under any circumstances for damage, illness, injury, death, loss, or any other negative consequences occurring during or as a result of transportation, except in the case of demonstrable gross negligence or intentional misconduct by Cayenne Stables. The Client shall ensure the Horse is adequately insured before transportation, covering all related risks.
8.5 The Client explicitly undertakes to fully and adequately insure the Horse throughout the duration of the Agreement against at least death, permanent disability, veterinary expenses, and third-party liability. At Cayenne Stables’ first request, the Client must provide proof of such insurance. If the Client fails to provide adequate insurance, the Client explicitly declares and accepts full responsibility for all consequences, risks, and costs resulting from this omission and fully indemnifies Cayenne Stables against all potential claims or liabilities arising therefrom.
8.6 The Client fully and explicitly indemnifies Cayenne Stables against any liability, claims, or legal proceedings initiated by third parties—including but not limited to employees, visitors, clients, trainers, riders, and owners of other horses—arising out of or relating to the behaviour, acts, omissions, or presence of the Horse during stabling, training, or transport. This indemnification is absolute and unconditional unless demonstrable gross negligence or intentional misconduct by Cayenne Stables is proven.
8.7 Cayenne Stables reserves the unconditional right, in urgent veterinary or medical situations where the Client cannot immediately be reached, to independently take any veterinary measures it deems necessary according to its professional judgment, including but not limited to medical treatments, surgical procedures, or euthanasia following veterinary guidelines. The Client explicitly agrees that all resulting costs, consequences, and risks will be fully borne by the Client without exception.
8.8 Cayenne Stables cannot under any circumstances be held liable for reputational damage, loss of goodwill, commercial damage, or any indirect damage caused by the Horse or due to the failure to achieve expected results during events, competitions, inspections, auctions, shows, or training activities. The Client explicitly and fully accepts all risks in this respect and indemnifies Cayenne Stables against all possible claims related thereto.
8.9 Cayenne Stables is never liable for any depreciation, loss of commercial value, or diminished marketability of the Horse during training, stabling, transport, or management, irrespective of the cause or circumstances, except in cases of demonstrable gross negligence or intentional misconduct by Cayenne Stables.
8.10 Cayenne Stables reserves the right of retention (lien) over any Horse belonging to the Client in case of payment default. If payment default exceeds sixty days, Cayenne Stables is entitled, at its sole discretion, to sell or resell the Horse at a market price deemed reasonable by Cayenne Stables. The proceeds from such a sale, after deduction of all outstanding debts, interest, collection fees, legal fees, and other related costs, shall be payable to the Client. Any shortfall will remain fully payable by the Client.
8.11 The Client explicitly warrants that the Horse is entirely free from any encumbrances, liens, pledges, seizures, restrictions of ownership, conservatory or executory seizures, or other legal claims by third parties. The Client fully indemnifies Cayenne Stables against any damage, costs, or legal proceedings resulting from breaches of this warranty.
8.12 Cayenne Stables has the right, if it deems necessary, to move the Horse to another location, such as a veterinary clinic, specialized stable, or training facility. The Client explicitly accepts all costs, consequences, and risks associated with such relocation.
8.13 The Client explicitly acknowledges and accepts that Cayenne Stables is not liable for damage, injuries, illnesses, or incidents resulting from interactions between Horses during stabling, training, or transport. This risk rests entirely and exclusively with the Client.
8.14 The Client expressly acknowledges and accepts that Cayenne Stables provides no guarantee regarding the Horse’s marketability, sales price, sales period, or results from training, competitions, inspections, or other activities. The lack of sale or achievement of desired outcomes shall under no circumstances entitle the Client to claim damages, compensation, or other remedies against Cayenne Stables.
8.15 Every Horse accepted by Cayenne Stables for stabling, training, sales brokerage, or otherwise placed under the care or responsibility of Cayenne Stables, shall be subjected immediately upon arrival to a mandatory and comprehensive veterinary examination performed by a veterinarian appointed by Cayenne Stables. The Client explicitly agrees to this mandatory examination and acknowledges that it is essential to assess the suitability, health, and welfare of the Horse and to mitigate veterinary, legal, or commercial risks. This veterinary examination shall include, at minimum, a thorough clinical assessment, covering but not limited to general health, respiratory system, cardiovascular system, musculoskeletal system, skin, dental status, eyes, overall fitness, and suitability of the Horse for the agreed-upon purpose. The Client explicitly understands and accepts that the outcome of this examination will determine the further treatment, training, stabling, or brokerage of the Horse by Cayenne Stables. Should the appointed veterinarian recommend additional diagnostics, treatments, specialized veterinary interventions, or referral to specialists such as specialized clinics, farriers, physiotherapists, chiropractors, osteopaths, nutritional experts, or other professionals based on this initial assessment, the veterinarian will advise Cayenne Stables accordingly. Cayenne Stables expressly reserves the right, based on this veterinary advice and without prior consultation with or consent of the Client, to undertake recommended additional examinations, treatments, or consultations, whenever Cayenne Stables deems this necessary for the welfare, health, or safety of the Horse or essential for proper execution of the Agreement. All costs associated with this mandatory veterinary examination and any resulting further examinations, treatments, procedures, consultations, or specialist interventions are solely and exclusively borne by the Client, unless explicitly agreed otherwise in writing. The Client explicitly acknowledges full responsibility for all costs resulting from the examination and subsequent actions, regardless of the outcome. Cayenne Stables has the explicit right to refuse, immediately return the Horse, or terminate the Agreement without any further obligations if the Client refuses to cooperate with the mandatory veterinary examination, fails to meet associated costs, or if the veterinary examination reveals that the Horse is unsuitable for the intended purpose, has serious medical conditions, or poses other risks to Cayenne Stables, its employees, other horses, or third parties. In such circumstances, the Client has no right whatsoever to compensation or damages from Cayenne Stables. The Client explicitly acknowledges that Cayenne Stables cannot be held liable for medical findings, conditions, defects, diagnoses, or veterinary conclusions arising from this mandatory examination or any subsequent treatments. The Client expressly indemnifies Cayenne Stables against any liability, claims, legal actions, or costs arising from veterinary findings, diagnoses, or related decisions, unless in cases of demonstrable gross negligence or intentional misconduct by Cayenne Stables.
ARTICLE 9 – NON-PERFORMANCE, (RE)SALE, AND VALUATION
9.1 If Buyer/Client or Principal fails to comply with any obligation under the Agreement or these terms and conditions, and default occurs after a Written notice of default, Cayenne Stables may terminate the Agreement out of court. Cayenne Stables’ right to full damages remains intact.
9.2 Once there is default, Cayenne Stables may (re)sell, dispose of, or have the Horse valued—regardless of ownership or reason for stabling. All costs (stabling, insurance, transport, valuation) are at the defaulter’s expense. The choice of valuer, timing, and method of sale are at Cayenne Stables’ sole discretion.
9.3 The proceeds from a (re)sale are first offset against any outstanding claims (including principal, interest, and costs) that Cayenne Stables has. Any surplus is paid to the defaulter, unless Cayenne Stables has another right to it. If there is a shortfall, the defaulter owes the difference.
9.4 Cayenne Stables is not liable if the (re)sale price is lower than what Buyer/Client or Principal might otherwise have obtained. Compensation for an allegedly low sales price is excluded.
9.5 If an Agreement is signed by both parties, it is binding. Unilateral cancellation or termination by Buyer/Client or Principal is not possible without Written consent from Cayenne Stables. In case of cancellation, Cayenne Stables may claim compensation, including stabling and marketing costs.
9.6 If Buyer/Client or Principal remains in default for thirty days regarding payment, Cayenne Stables may (re)sell the Horse. Ownership is transferred by a Written statement from Cayenne Stables, after which the proceeds are offset against all outstanding claims. Any surplus goes to the defaulter, and any shortfall remains owed by that party.
9.7 All legal (advisory) costs that Cayenne Stables must reasonably incur as a result of non-performance by Buyer/Client or Principal may be fully recovered from the defaulter.
9.8 If Buyer/Client or Principal is declared bankrupt, applies for (provisional) suspension of payments, or if the Horse is subjected to seizure—whether protective or executory—Cayenne Stables is entitled to immediately terminate the Agreement and retrieve or (re)sell the Horse. All associated costs are borne by Buyer/Client or Principal.
ARTICLE 10 – OTHER GOODS
10.1 If Cayenne Stables, besides a Horse, also sells, delivers, or provides other goods (such as saddles, bridles, blankets, etc.), this occurs in the factual condition in which the goods are found. Cayenne Stables is not liable for damage, defects, or accidents resulting from use, assembly, or maintenance, unless there is intent or gross negligence.
10.2 From the factual delivery of these goods, risk and responsibility lie with Buyer/Client or Principal, regardless of any visible or hidden defects. Without a Written warranty, Cayenne Stables is not obligated to any form of compensation.
10.3 Buyer/Client or Principal indemnifies Cayenne Stables against any (third-party) claims related to the condition, features, or use of these goods.
ARTICLE 11 – FORCE MAJEURE
11.1 In the event of force majeure, Cayenne Stables is entitled to suspend its obligations in whole or in part, without the other party having any right to performance, compensation, or termination, unless mandatory provisions provide otherwise.
11.2 If force majeure conditions last longer than two months, Cayenne Stables may terminate the Agreement in Writing, without being obliged to any form of compensation.
11.3 If Cayenne Stables has already partially performed before or at the onset of force majeure, it may invoice that partial performance separately. The other party is obligated to pay that invoice as if it were a separate Agreement.
11.4 Force majeure also includes any national or international calamity, epidemic, transport or customs restriction, sanctions, trade restrictions, or other extraordinary circumstances beyond Cayenne Stables’ control. This also includes compulsory animal quarantines and transport stoppages due to veterinary regulations or government intervention.
ARTICLE 12 – CONFIDENTIALITY AND DATA PROTECTION
12.1 Buyer/Client or Principal is required to keep all confidential information of Cayenne Stables strictly confidential, including business strategies, price lists, customer databases, veterinary data, breeding and training methods, and other commercially sensitive information.
12.2 Buyer/Client or Principal guarantees that family members, employees, advisors, and other involved third parties comply with this duty of confidentiality. Any violations by them are attributed to Buyer/Client or Principal.
12.3 Any breach of the confidentiality obligation results in an immediately payable penalty of 25000 euros per breach, without prejudice to Cayenne Stables’ right to additional damages.
12.4 Without prior Written permission from Cayenne Stables, it is not permitted to disclose images of the premises, staff, facilities, training methods, or Horses of Cayenne Stables (for instance, via social media). This violation leads to the same penalty specified in this article.
12.5 Cayenne Stables processes personal data solely in accordance with applicable laws and regulations and shares it with third parties only if legally required or necessary for the performance of the Agreement.
12.6 The duty of confidentiality remains in effect for at least five years after termination of the Agreement, regardless of the manner or reason for termination.
12.7 Cayenne Stables is entitled to collect security and evidentiary materials through camera surveillance or digital monitoring on its premises. Such images may be used as evidence in legal disputes, provided this complies with applicable privacy legislation.
12.8 Cayenne Stables may use photo and video material of (sold) Horses for marketing and promotional purposes, unless Buyer/Client objects in Writing beforehand.
ARTICLE 13 – INDEMNIFICATION
13.1 Buyer/Client or Principal indemnifies Cayenne Stables against all third-party claims (e.g., stable owners, insurers, visitors, employees) related to the Horse or the services provided by Cayenne Stables, once the risk has passed or from the moment the Agreement is concluded. This indemnification covers all forms of damage (material, immaterial, consequential).
13.2 The indemnification does not apply if and insofar as Buyer/Client or Principal proves that there is intent or gross negligence by Cayenne Stables. The burden of proof lies with the other party.
13.3 If a third party suffers personal injury through the actions of a Horse that is factually in the use or care of Buyer/Client, Principal, or their auxiliaries, Cayenne Stables cannot be held liable, except in cases of intent or gross negligence by Cayenne Stables.
ARTICLE 14 – INSURANCE
14.1 Buyer/Client or Principal is required, before first use or transport of the Horse, to have insurance covering at least mortality, accidents, and third-party liability. At the request of Cayenne Stables, proof of such insurance must be provided in Writing.
14.2 If Cayenne Stables so requests, Buyer/Client or Principal must provide a valid insurance policy within five working days. In the absence thereof, Cayenne Stables is entitled to suspend its obligations or dissolve the Agreement, without prejudice to its right to damages.
14.3 A refusal or limitation of coverage by the insurer can never give rise to liability for Cayenne Stables.
14.4 If Buyer/Client or Principal fails to obtain suitable insurance and damage, death, or any incident occurs, no compensation or indemnification can be demanded from Cayenne Stables. All risks remain with the other party.
14.5 If there is no transport insurance, Buyer/Client or Principal fully indemnifies Cayenne Stables for any form of damage or loss during transport, regardless of who the carrier is.
14.6 If the Horse remains in stabling or under intermediation by Cayenne Stables, Principal is required to hold at least mortality and liability coverage. If this is not in place, all risks remain with Principal.
14.7 Cayenne Stables is entitled to take out any necessary insurance for the Horse itself if Buyer/Client or Principal is negligent in doing so, with Cayenne Stables being able to fully pass on any costs incurred.
ARTICLE 15 – ONLINE REVIEWS AND REPUTATION PROTECTION
15.1 Buyer/Client or Principal must refrain from unlawful, defamatory, or misleading statements about Cayenne Stables, its staff, facilities, or services, both online and elsewhere. Demonstrably harmful and incorrect publications are prohibited.
15.2 If Buyer/Client or Principal nonetheless makes negative or untrue publications damaging the reputation of Cayenne Stables, they forfeit an immediately payable penalty of 2500 euros per violation, plus 250 euros for each day the publication remains online, up to a maximum of 10000 euros. Cayenne Stables’ right to additional (personal injury) damages remains unaffected.
15.3 Negative or damaging statements also include any unfounded or misleading publication that harms the professional standing of Cayenne Stables.
15.4 If Cayenne Stables requests in Writing that Buyer/Client or Principal remove a harmful or incorrect online statement, it must be removed within 48 hours. In the event of a violation, the penalty under Article 15.2 remains fully payable, and Cayenne Stables may claim additional damages.
15.5 If such negative statements are made anonymously or under a pseudonym but can be shown to originate from Buyer/Client or Principal’s circle, Buyer/Client or Principal is presumed to be directly liable. The burden of proof to the contrary lies fully with Buyer/Client or Principal.
15.6 Buyer/Client or Principal is also liable for damaging statements by family members, employees, or other persons associated with them.
ARTICLE 16 – RENTAL, LEASE, AND LOAN FOR USE OF HORSES
16.1 If Cayenne Stables (as Lessor) makes a Horse available via rental, lease, or loan, Cayenne Stables retains legal ownership. The Lessee does not acquire any ownership or security rights, regardless of duration or fee.
16.2 From the time of actual handover (such as taking the Horse away), all risk (injury, illness, death, third-party damage) rests with the Lessee. All associated costs and liabilities are borne by the Lessee.
16.3 The Lessee must have suitable insurance (mortality, veterinary costs, liability). If missing, all risks lie with the Lessee.
16.4 The Horse may be used only by persons agreed upon in advance and solely for the agreed purpose. Any other use is not permitted without Written permission from Cayenne Stables.
16.5 All costs (stabling, care, training, insurance, veterinarian, farrier) during the rental, lease, or loan period are borne by the Lessee, unless otherwise agreed in Writing.
16.6 Any damage, illness, death, or other relevant circumstances must be reported immediately and in Writing to Cayenne Stables. All financial consequences and risks thereof remain fully with the Lessee.
16.7 Cayenne Stables may retrieve the Horse at any time if the Lessee defaults on its obligations or if the safety of humans or animals is in jeopardy. The Lessee must cooperate fully and immediately.
16.8 The Lessee indemnifies Cayenne Stables against all (third-party) claims arising from the Horse during the rental, lease, or loan period.
16.9 Upon termination of the rental, lease, or loan period, the Lessee must return the Horse to Cayenne Stables without delay and at their own expense, unless otherwise agreed in Writing.
16.10 Commercial use (such as giving lessons or subletting to third parties) is not allowed without the express Written permission of Cayenne Stables. Violation incurs an immediately payable penalty of 5000 euros per violation, without prejudice to the right to additional damages.
16.11 Cayenne Stables is entitled during the rental, lease, or loan period to carry out inspections or check the Horse’s use by the Lessee. The Lessee must cooperate.
16.12 Any improvement or deterioration of the Horse during the rental, lease, or loan period is entirely at the Lessee’s risk and expense.
ARTICLE 17 – TRIAL PERIOD AND TEST RIDES
17.1 If a potential Buyer/Client agrees on a Trial period before a proposed purchase, these general terms and conditions apply in full, unless otherwise specified in Writing.
17.2 During the Trial period, Cayenne Stables remains the legal owner of the Horse.
17.3 As soon as the potential Buyer/Client takes the Horse factually or legally at their risk (for example, taking it to another location), all risks (including injury, illness, death, damage) rest with the potential Buyer/Client, even if the Horse is still physically at Cayenne Stables.
17.4 The potential Buyer/Client must have insurance covering at least mortality, veterinary costs, accidents, and third-party liability. Failure to do so is at the potential Buyer/Client’s own risk.
17.5 During the Trial period, the Horse may only be used by persons agreed upon in advance, with the sole purpose of evaluating a potential purchase. Other uses are prohibited without Written permission.
17.6 The Trial period lasts a maximum of seven days, unless otherwise agreed in Writing. After its conclusion, the Horse must be returned or the purchase finalized.
17.7 In case of damage, illness, death, or other serious incidents, the potential Buyer/Client must immediately and in Writing inform Cayenne Stables. All associated costs and risks remain with the potential Buyer/Client.
17.8 Cayenne Stables may end the Trial period immediately if the potential Buyer/Client fails to comply with the conditions or if the safety and welfare of humans or animals are endangered.
17.9 The potential Buyer/Client indemnifies Cayenne Stables against any (third-party) claims during the Trial period, regardless of cause or circumstances.
17.10 Even a short visit or test ride at Cayenne Stables’ premises (or elsewhere with Cayenne Stables’ cooperation) is fully at the potential Buyer/Client’s or third party’s own risk. Cayenne Stables is not liable for injury or damage, except in cases of intent or gross negligence.
17.11 The risk of incidents transfers immediately to the potential Buyer/Client as soon as the Horse leaves Cayenne Stables’ premises, regardless of whether the transport is carried out by Cayenne Stables.
17.12 If, during the Trial period, damage or injuries occur that reduce the Horse’s value (even if discovered later), the potential Buyer/Client is liable for that depreciation.
17.13 Cayenne Stables is entitled, upon the Horse’s return after the Trial period, to have an independent examination or inspection performed to determine any possible damage. The potential Buyer/Client bears the costs and risks if it is found that damage or injuries occurred.
ARTICLE 18 – ACCESS AND STAY ON THE PREMISES OF CAYENNE STABLES OR THIRD PARTIES
18.1 Any Visitor who enters the premises of Cayenne Stables or who is with Cayenne Stables on third-party premises does so entirely at their own risk and responsibility.
18.2 Cayenne Stables is not liable for damage, injury, accidents, theft, or property loss, except in cases of intent or gross negligence.
18.3 The Visitor acknowledges and accepts the inherent risks of equine activities, stables, training facilities, and handling Horses.
18.4 The Visitor must have appropriate liability and accident insurance; the absence thereof cannot impose liability on Cayenne Stables.
18.5 If the Visitor rides or handles a Horse from Cayenne Stables (or a third party), this is entirely without liability for Cayenne Stables, except in cases of intent or gross negligence.
18.6 The Visitor indemnifies Cayenne Stables against all claims by third parties resulting from the Visitor’s conduct or presence on Cayenne Stables’ premises or elsewhere in the company of Cayenne Stables.
18.7 Cayenne Stables may at any time deny access or remove someone (or have them removed) if safety, health, or property is endangered.
18.8 The Visitor must comply with all instructions and safety regulations of Cayenne Stables. Damage resulting from non-compliance is entirely at the Visitor’s expense.
18.9 Minor Visitors may only enter the premises of Cayenne Stables or third parties under the constant supervision of their legal representative or an authorized adult. Cayenne Stables is not liable for damage or injury to minors, except in cases of intent or gross negligence on the part of Cayenne Stables.
18.10 Cayenne Stables is entitled to identify visitors or refuse entry if insufficient insurance or identification is provided, or if safety requires it.
18.11 When riding or handling Horses on the premises of Cayenne Stables, wearing appropriate safety equipment (such as a helmet and suitable footwear) is mandatory, especially for minors. Non-compliance is at the Visitor’s own risk and under no circumstances can lead to liability for Cayenne Stables.
ARTICLE 19 – USE, LOAN, OR OCCASIONAL RIDING OF HORSES
19.1 If Cayenne Stables incidentally or without a formal written agreement makes a Horse available to a third party (for instance, for a test ride, occasional riding, usage, or loan), these general terms and conditions apply in full.
19.2 From the moment the third party actually takes possession of the Horse (even briefly), all risks (including injury, illness, death, third-party damage) lie with that third party.
19.3 The third party must ensure they have adequate insurance; if missing, all risks, including financial consequences, lie with the third party.
19.4 This third party indemnifies Cayenne Stables unconditionally against any (third-party) claim related to the Horse’s use or possession during the incidental period.
19.5 Even very short-term use (for example, a single test ride) immediately transfers risk to the third party, regardless of whether a fee has been agreed.
ARTICLE 20 – FINAL PROVISIONS
20.1 These general terms and conditions apply to all oral and Written arrangements, quotations, agreements, invoices, and services between Cayenne Stables and the other party (Buyer/Client, Principal, Lessee, Visitor, or any other role). From the first contact, the other party is deemed to have taken note of and consented to these terms and conditions, unless otherwise agreed in Writing.
20.2 If one or more provisions of these terms and conditions are null, invalid, or unenforceable, the remaining provisions remain in full force. In that case, the parties will, by mutual agreement, formulate a replacement provision that approximates the intention of the invalid provision as closely as possible, preserving the protective effect for Cayenne Stables.
20.3 Cayenne Stables may unilaterally amend or supplement these general terms and conditions at any time. The amended terms and conditions shall apply from the moment of Written notification to Buyer/Client or Principal, to the extent permitted by law, including for existing Agreements. A broader exclusion or attribution of risk in favor of Cayenne Stables shall not be considered a material deterioration.
20.4 These general terms and conditions are drawn up in the Dutch language. In the event of any translation, the Dutch text prevails if differences in interpretation arise.
20.5 Thus drawn up and declared binding by Cayenne Stables, having its registered office at Ko van Dijklaan 1, 1187 RZ in Amstelveen, the Netherlands, registered under number 34361394 at the Chamber of Commerce. These terms and conditions apply in the most recent version (2025) and are deemed to take effect immediately upon publication or notification.