Terms of Service
General Terms and Conditions
General Terms and Conditions of Bon Voyage Media, located at Commandeursstraat 15, 9163JK Nes, registered at the Kamer van Koophandel in Leeuwarden under number 90848438.
Definitions
In these General Terms and Conditions, the following terms shall have the meanings set forth below, unless explicitly stated otherwise. General Terms and Conditions: The terms and conditions set forth herein.
Bon Voyage Media: Bon Voyage Media, located at Commandeursstraat 15, 9163JK Nes, registered at the Kamer van Koophandel in Leeuwarden under number 90848438
Service: All work, in any form, performed by Bon Voyage Media for or on behalf of the Client.
Fee: The financial compensation agreed upon for the execution of the assignment with the Client.
Assignment: The agreement for the provision of services.
Agreement: Any agreement entered into between Bon Voyage Media and the Client.
Product: All items that are the subject of the agreement entered into between the Client and Bon Voyage Media.
Client: The person or entity that has accepted these general terms and conditions and has purchased the product and/or commissioned the service.
Table of Contents
Article 1 | Scope of these Terms and Conditions
Article 2 | Quotes & Formation of the Agreement
Article 3 | Execution of the Agreement
Article 4 | Rates, Payments, and Rush Fees
Article 5 | Performance of the Agreement
Article 6 | Delivery, Revisions, and Approval
Article 7 | Cancellation and Modification of the Assignment
Article 8 | Intellectual Property and Usage Rights
Article 9 | Raw Materials
Article 10 | Delivery Times and Delays
Article 11 | Liability and Force Majeure
Article 12 | Archiving and Retention Periods
Article 13 | Confidentiality and Secrecy
Article 14 | Privacy and Data Protection
Article 15 | Applicable Law and Disputes
Article 16 | Final Provisions
Article 1 | Scope of These Terms and Conditions
These General Terms and Conditions apply to all offers, projects in collaboration with third parties, and any quote or agreement entered into between Bon Voyage Media and the Client, unless expressly and in writing deviated from by the parties. The Client agrees that Bon Voyage Media may commence the execution of the service immediately. By doing so, the Client acknowledges that they waive the statutory right of withdrawal.
These General Terms and Conditions also apply to agreements with Bon Voyage Media that require the involvement of third parties for their execution. The applicability of any purchase or other general terms and conditions of the Client is explicitly rejected. If it is found that one or more provisions in these General Terms and Conditions are invalid or voidable, the remaining provisions shall remain in full force and effect. In such a case, Bon Voyage Media and the Client shall consult with the aim of agreeing on new provisions to replace the invalid or voided provisions. Deviations from the Agreement and these Terms and Conditions are only valid if expressly agreed upon in writing with Bon Voyage Media.
Article 2 | Quotes & Formation of the Agreement
2.1 Quotes & Validity
Quotes from Bon Voyage Media are preferably issued in writing or electronically, unless urgent circumstances make this impossible. Unless stated otherwise, all quotes are non-binding. If a term for acceptance is included in the quote, the quote shall expire upon the lapse of that term. Bon Voyage Media is not bound by quotes that contain an obvious mistake or clerical error if the Client could reasonably have understood that there was an error. Quotes do not automatically apply to future assignments or repeat orders unless explicitly stated.
2.2 Acceptance & Deviations
An agreement is concluded at the moment the Client accepts Bon Voyage Media’s quote. Both written and oral commitments are binding. If the acceptance deviates from the offer included in the quote, even on minor points, Bon Voyage Media is not bound by it. In that case, the agreement is only concluded if Bon Voyage Media explicitly accepts these deviations.
2.3 Deposits
Bon Voyage Media works both with and without deposits. If a deposit is required, this will always be explicitly stated in the quote.
Unless otherwise agreed, the standard deposit is 50% of the total amount of the quote. In such cases, the execution of the assignment will only commence after the deposit has been received.
2.4 All-In Quotes & Composite Price Estimates
A composite price estimate does not obligate Bon Voyage Media to execute part of the assignment for a proportionate share of the stated price.
In some cases, Bon Voyage Media offers a so-called All-In quote. This involves a fixed total price for the entire project, with no additional costs for the described basic services. These basic services include:
Photography Productions:
Preparation (planning and production coordination)
Shoot (including up to 2 hours of overrun compared to the agreed time)
Basic color corrections (e.g., brightness, contrast, white balance)
Basic Photoshop retouching (e.g., simple edits)
Unlimited selection of photos
Digital delivery of final results
Video Productions:
Preparation (planning and production coordination)
Shooting day(s) (including up to 1 hour of overrun compared to the agreed time)
Editing, including three (3) revision rounds
Color grading, audio mixing, and (on request) subtitles
Digital delivery of final results
Article 3 | Execution of the Agreement
3.1 Commencement of Work
The execution of the agreement will only commence after the quote has been confirmed in writing by the Client and, if applicable, after the deposit has been received by Bon Voyage Media. This applies to pre-production (such as planning, script development, and location research), production, and post-production. If the Client requests that work begin prior to receipt of a deposit or a signed confirmation, Bon Voyage Media reserves the right to refuse such a request.
3.2 Obligations of the Client
The Client is responsible for the timely and complete provision of all necessary input, materials, and information that Bon Voyage Media requires to correctly execute the assignment. This includes, but is not limited to:
Timely substantive feedback during revision rounds (within 3 to 5 business days after delivery of a version)
Availability of locations, contacts, and necessary access
Telephone and/or written accessibility during the project
Timely delivery of the Client’s own material or external content
If the Client fails to meet these obligations, any additional costs incurred may be charged to the Client. Bon Voyage Media also reserves the right to unilaterally adjust deadlines in such cases, without consultation or compensation.
The Client is always responsible for obtaining permission and/or paying any fees for the use of imagery in which third parties (such as individuals or locations) are depicted. Any liability for failing to properly arrange these rights lies entirely with the Client. The Client must ensure that all third parties who may be filmed provide prior written consent.
If third parties later request that Bon Voyage Media remove them from the material, any costs or responsibilities associated with this will be borne entirely by the Client.
3.3 Additional Work
Additional work refers to any tasks that fall outside the scope of the original quote. This may include, but is not limited to:
Unforeseen extra shooting days or production time
Additional revision rounds beyond the three included rounds
Addition of voice-over or subtitles after the fact
Special edits or visual effects not previously agreed upon
Unexpected and significant overruns of the agreed work
Additional work will only be carried out after explicit approval from the Client, unless postponing the execution would delay the project and the Client fails to provide a response despite a request. In such cases, Bon Voyage Media may proceed with the work and invoice the costs afterward.
Costs for additional work will generally be presented to the Client in a separate proposal. Labor will be invoiced based on the applicable hourly or daily rate. External costs (such as voice-over, additional equipment, or travel expenses) will be directly charged to the Client without markup.
Article 4 | Rates, Payments, and Rush Fees
4.1 Fee and Additional Costs
All rates and prices of Bon Voyage Media are expressed in euros, excluding VAT and other government-imposed charges, unless explicitly stated otherwise.
Unless otherwise agreed, rates exclude travel, accommodation, packaging, shipping, administrative, or other incidental costs. Travel expenses are generally invoiced afterward and amount to €0.40 per kilometer for all locations outside the city of Amsterdam.
Bon Voyage Media will notify the Client of any additional costs in a timely manner before concluding the agreement, or provide sufficient information to calculate these costs.
If a fixed price or rate has been agreed upon when entering into the agreement, Bon Voyage Media is entitled to adjust this rate, even if it was originally offered without reservation. In case of a price adjustment, Bon Voyage Media will notify the Client in writing as soon as possible, including the reason, extent, and effective date of the change.
If the price adjustment occurs within three months of entering the agreement, the Client has the right to terminate the agreement in writing, unless:
the increase results from a legal obligation or authority;
the increase is caused by rising costs that could not reasonably have been foreseen at the time of entering the agreement;
Bon Voyage Media is willing to execute the agreement under the original terms;
it was agreed that delivery would take place more than three months after entering the agreement.
If the price adjustment occurs after three months, the Client also has the right to terminate, unless the longer delivery time was explicitly agreed upon.
4.2 Payment Terms and Late Payment
Invoices are issued electronically. Payment may be made either in advance or afterward.
For post-payment, the standard payment term is 14 days from the invoice date, unless otherwise stated on the invoice. Payment must be made to a bank account designated by Bon Voyage Media, in the currency specified on the invoice.
Bon Voyage Media and the Client may agree that payment is made in installments, proportionate to the progress of the work. In that case, the installments and percentages as stated in the agreement or quote apply. For any agreed deposit, the provisions of Article 2.3 apply.
Objections to the amount of the invoice do not suspend the Client’s payment obligation. If payment is not made by the due date, the Client is automatically in default without a notice of default being required. From that moment, the Client owes statutory interest on the outstanding amount.
In the event of bankruptcy, suspension of payments, or guardianship of the Client, all claims of Bon Voyage Media become immediately due and payable.
If the Client fails to (timely) meet the payment obligation, all reasonable extrajudicial costs to obtain payment are charged to the Client. Collection costs are calculated according to the rates advised by the Dutch Bar Association. If Bon Voyage Media demonstrates higher reasonably necessary costs, these will also be reimbursed.
Bon Voyage Media has the right to allocate payments from the Client in the following order:
First, for incurred costs;
Next, for accrued interest;
Then, for the principal and ongoing interest.
Bon Voyage Media may refuse a payment offer if the Client requests a different allocation order or if the offer covers only the principal without the accompanying interest and costs.
4.3 Rush Fee
If the Client explicitly requests delivery within 3 to 5 business days, or requires deadlines that deviate from the regular workflow of Bon Voyage Media, a rush fee of 25% of the quoted amount may be applied by mutual agreement.
This rush fee will only be charged if there is a written request from the Client and Bon Voyage Media deems the accelerated delivery feasible.
Article 5 | Execution of the Agreement
Bon Voyage Media shall execute the Agreement to the best of its knowledge and ability and in accordance with the requirements of good professional practice.
Bon Voyage Media has the right to have certain tasks carried out by third parties. The application of Articles 7:404, 7:407(2), and 7:409 of the Dutch Civil Code is explicitly excluded.
Bon Voyage Media has the right to execute the Agreement in phases.
If the Agreement is executed in phases, Bon Voyage Media has the right to invoice each completed part separately and to demand payment for it. If and as long as such an invoice is not paid by the Client, Bon Voyage Media is not obliged to carry out the subsequent phase and has the right to suspend the Agreement.
If the Agreement is executed in phases, Bon Voyage Media has the right to suspend the execution of those parts that belong to the next phase(s) until the Client has provided written approval of the results of the preceding phase.
The Client shall provide in a timely manner all data or instructions necessary for the execution of the Agreement, or which the Client should reasonably understand are necessary for the execution of the Agreement, to Bon Voyage Media.
If the aforementioned data or instructions are not provided, or not provided on time, Bon Voyage Media has the right to suspend the execution of the Agreement. Any additional costs resulting from the delay shall be borne by the Client.
Bon Voyage Media is not liable for any damage of any kind resulting from reliance on incorrect and/or incomplete data provided by the Client, unless the incorrectness or incompleteness should have been apparent to Bon Voyage Media.
Article 6 | Delivery, Revisions, and Approval
6.1 Number of Revision Rounds
Each project includes a standard three (3) revision rounds, unless otherwise agreed in writing.
A revision includes both content-related and technical adjustments, provided they fall within reasonable limits of the original project scope.
If a project requires multiple versions or formats (deliverables), initially only one main version will be delivered. After approval of this main version, the other versions (such as formats for different platforms) will be produced and delivered.
Additional revisions beyond the three included rounds may be carried out for an extra fee.
6.2 Deadline for Providing Feedback
The Client is requested to provide revision feedback per version within 3 to 5 business days after delivery of a version.
If the Client provides feedback later, the right to progress within the usual timeline lapses. Bon Voyage Media reserves the right in such cases to postpone the project’s progress, for example, due to prioritization of other assignments. No rights can be derived from this.
6.3 Approval and Acceptance in Case of No Response
The Client must confirm approval of the final product in writing, for example via email. If the Client approves the final products (for example, by email, in writing, or by payment of the corresponding invoice), the project will be considered completed.
After approval, the right to further revisions or corrections lapses, unless otherwise agreed and for an additional fee.
If the Client does not provide any response or feedback within 30 calendar days after delivery of a version or final product, the respective product will automatically be considered approved. Bon Voyage Media is then entitled to issue the final invoice and close the project administratively.
Article 7 | Cancellation and Modification of the Assignment
7.1 Cancellation by the Client
The Client has the right to cancel the agreement, provided this does not conflict with previously agreed deadlines, conditions, or provisions in these General Terms and Conditions.
If costs have already been incurred by Bon Voyage Media for the preparation or execution of the assignment (such as location reservations, engagement of third parties, or pre-production work), these costs will be fully charged to the Client.
Cancellation does not release the Client from the obligation to reimburse costs already incurred or from obligations arising from commitments already made.
7.2 Modifications after Approval
If it becomes apparent during the execution of the agreement that a modification or addition to the assignment is necessary, Bon Voyage Media will inform the Client as soon as possible.
All modifications are only valid once they have been confirmed in writing by both parties (for example, via email).
Any modifications may result in adjustments to the schedule and/or the agreed price. Bon Voyage Media will assess each situation to determine whether a price revision is necessary and will always communicate this to the Client prior to implementing the modification.
7.3 Cancellation or Modification by Bon Voyage Media
If Bon Voyage Media is compelled to adjust or cancel the execution of the assignment (for example due to force majeure, illness, or other circumstances beyond its control), it will always consult with the Client.
In the event of cancellation by Bon Voyage Media, amounts already paid by the Client will be refunded, minus any costs already incurred. Bon Voyage Media is not liable for any consequential damages or costs arising from this.
Bon Voyage Media reserves the right to unilaterally terminate the agreement with immediate effect in the event of misconduct or inappropriate behavior by the Client or someone acting on behalf of the Client, including (but not limited to) verbal intimidation, sexual harassment, or disrespectful conduct toward Bon Voyage Media team members or other persons involved in the production.
7.4 Termination of the Agreement
Bon Voyage Media is entitled to terminate the agreement, in whole or in part, with immediate effect if:
The Client fails to comply with a contractual obligation, does not comply on time, or does not comply properly;
After the conclusion of the agreement, circumstances become known that give reason to fear that the Client will not fulfill its obligations;
The Client has been asked to provide guarantees and fails to do so;
The Client is declared bankrupt, applies for suspension of payments, is placed under guardianship, or passes away;
Delays on the part of the Client make it impossible to execute the agreement under reasonable conditions;
Circumstances occur that make maintaining the agreement unreasonable.
Termination is effected by written notice without judicial intervention.
If the agreement is terminated, all claims of Bon Voyage Media on the Client become immediately due and payable.
If the reason for termination is attributable to the Client, Bon Voyage Media reserves the right to claim additional compensation.
7.5 Suspension of Obligations
Bon Voyage Media is entitled to suspend its obligations if:
The Client fails to meet its obligations, does not do so on time, or does not fully comply;
After the conclusion of the agreement, circumstances become known that give good reason to fear that the Client will not meet its obligations;
The Client is asked to provide security and fails to do so or provides insufficient security;
Circumstances arise that make execution of the agreement temporarily or structurally impossible.
Suspension does not release the Client from its payment obligations and also gives Bon Voyage Media the right to claim compensation for any damage incurred.
Article 8 | Intellectual Property and Usage Rights
8.1 Copyrights on the Final Product
All content created by Bon Voyage Media, including visual material, audio, scripts, voice-over texts, music, editing, concepts, and other creations, is protected under copyright law and related legislation.
This content remains at all times the exclusive property of Bon Voyage Media, even after full payment by the Client. The Client only obtains a usage license under the conditions described in this article.
Parts of the final product not created by Bon Voyage Media itself, such as stock material, fonts, or music, may have been used under third-party licenses. Bon Voyage Media guarantees that such use is permitted within the agreed context unless otherwise stated.
Any (unexpected) costs related to these third-party licenses may be charged to the Client.
8.2 Ownership of Creative Proposals and Concepts
All proposals, concepts, scripts, mood boards, content-filled quotes, and other creative expressions developed within the scope of a project remain the intellectual property of Bon Voyage Media at all times.
Even if the Client decides not to continue the collaboration or not to use the proposal, these ideas remain copyright-protected and may not be copied, resold, or applied without written permission from Bon Voyage Media.
8.3 Use by the Client
After full payment of the invoice, the Client obtains a non-exclusive, generally transferable, and unlimited usage license for the final product. This license applies worldwide and for an indefinite period unless otherwise agreed in writing.
The license may be transferred to external parties (such as marketing partners or media agencies), provided that:
The material is not altered;
Use is temporary and project-specific;
The final product remains publicly linked to the original Client at all times.
For use in television broadcasts, cinema screenings, or sales to broadcasters or similar entities (such as Netflix, RTL, NPO, etc.), prior written permission from Bon Voyage Media is required. Additional costs may apply.
Violation of this provision is considered copyright infringement and may result in a fine or legal action as described in Article 7.6.
8.4 Restrictions on Modifications
The Client is not allowed to edit, cut, add other audio or visual elements, manipulate, or otherwise modify the delivered material, in whole or in part, without the express written permission of Bon Voyage Media.
Violation of this provision is considered copyright infringement and may result in a fine or legal action as described in Article 7.6.
8.5 Use for Marketing by Bon Voyage Media
Bon Voyage Media retains the right to use all produced materials, including the final product, unused versions, raw footage, and behind-the-scenes material, for its own promotional purposes.
This use may take place via the website, social media, presentations, showreels, advertisements, or printed materials, without requiring permission from or compensation to the Client.
8.6 Revocation of Usage License
Bon Voyage Media reserves the right to revoke the granted usage license at any time and without giving reasons. This revocation must be communicated to the Client in writing, with a reasonable period of at least 7 days to cease using the delivered material.
If the Client continues use after this period, it will be considered an infringement of Bon Voyage Media’s intellectual property. Bon Voyage Media reserves the right to take legal action in such cases. In addition, Bon Voyage Media retains the right to impose a fine in case of infringement as described in Article 7.7.
8.7 Penalty Clause for Infringement
If the Client infringes any right described in this article, the Client owes Bon Voyage Media an immediately payable fine of €2,500 per violation, increased by €2,500 for each day the violation continues after written notification by Bon Voyage Media. This is without prejudice to the right to claim additional damages and/or take legal action.
Article 9 | Raw Material
9.1 Delivery Upon Request
Raw footage is generally not provided to the Client, unless explicitly agreed upon in writing or initiated by Bon Voyage Media.
The Client may at any time request access to raw footage, taking into account the retention periods specified in these General Terms and Conditions.
Bon Voyage Media reserves the right to refuse such a request. Refusal may be based on, but is not limited to, the following reasons:
Protection of the privacy of individuals involved;
Artistic and/or creative considerations;
Incompleteness or lack of representativeness of the material;
Quality and reputation control of Bon Voyage Media;
Suspected improper use or misuse of the material;
Other reasonable objections that make delivery undesirable.
9.2 Conditions and Fees
In exceptional cases, Bon Voyage Media may decide to provide raw footage free of charge. As a rule, however, the Client is required to pay a fee for the provision of raw footage.
This fee is always determined on a “price on request” basis, taking into account factors such as:
The volume of material requested;
The intended purpose of use;
The identity and technical expertise of the recipient;
The reason for the request.
Bon Voyage Media assumes no responsibility for loss, editing, reuse, or any damage resulting from the use of the provided raw material by the Client or third parties.
9.3 Ownership Rights Remain with Bon Voyage Media
The copyright and full ownership of the raw footage remain at all times with Bon Voyage Media.
Providing raw material does not grant the Client a usage license unless explicitly agreed upon in writing. The Client is not permitted to publish, edit, cut, or use the raw material in any other way without prior written permission from Bon Voyage Media and written approval following observation of such edits.
These provisions fall under and are consistent with the broader provisions in Article 8 (Intellectual Property and Usage Rights).
If the usage license referred to in Article 8 is revoked, the Client is required, upon request by Bon Voyage Media, to provide proof of the removal of the raw material and/or cessation of its use.
Article 10 | Delivery Deadlines and Delays
10.1 Delivery and Execution
Delivery of digital products, such as image and video material, takes place through digital provision to the Client, for example via email or a digital transfer platform.
The moment of provision is considered the moment of delivery.
The execution of services, including recordings, shooting days, and other production activities, takes place within a timeframe specified by Bon Voyage Media. Any scheduling changes will be communicated to the Client in a timely manner.
10.2 Delivery Deadlines and Extensions
Unless otherwise agreed, specified delivery deadlines are indicative and do not confer any rights. Only deadlines confirmed in writing and assessed by Bon Voyage Media as feasible and reasonable are binding.
If Bon Voyage Media requires data, material, or approval from the Client to complete the delivery or execution, the delivery timeframe starts only after these have been fully received.
If the Client fails to respond in a timely manner, provide input, or cooperate, ongoing delivery deadlines will be suspended indefinitely, without Bon Voyage Media being liable for delays or damages.
10.3 Transfer of Risk
Until the moment of delivery, digital files or other products remain at the risk of Bon Voyage Media.
From the moment of digital provision to the Client or a third party designated by the Client, full risk of loss, damage, or unauthorized use transfers to the Client, regardless of whether the material has already been downloaded or opened.
10.4 Duty to Inspect and Complaints
The Client is obliged to immediately inspect the delivered product or executed service upon delivery for accuracy, completeness, and quality. Any visible defects or shortcomings must be reported in writing to Bon Voyage Media within 7 calendar days of delivery or execution.
For non-visible defects, the complaint must be reported within 7 calendar days of discovery. Complaints submitted after this period will not be considered unless otherwise agreed or required by law.
In the case of a valid complaint, Bon Voyage Media always has the right to first remedy the defect free of charge or re-deliver the product, without the Client being entitled to (partial) reimbursement or compensation.
Submitting a complaint does not suspend the Client’s payment obligation. Acceptance of already delivered work remains mandatory unless it no longer has independent value due to the defect and remedying it is reasonably deemed impossible by Bon Voyage Media.
Article 11 | Liability and Force Majeure
11.1 Limitations of Liability
Bon Voyage Media is only liable for direct damage resulting from intent or gross negligence on the part of Bon Voyage Media. All other forms of liability are excluded.
Bon Voyage Media is under no circumstances liable for:
Indirect damage, consequential loss, lost profits, missed savings, reputational damage, or business interruption;
Damage arising from incorrect or incomplete information provided by the Client;
Damage resulting from improper use or modification of delivered material by the Client;
Errors or shortcomings of third parties engaged by Bon Voyage Media, including freelancers, subcontractors, suppliers, or digital platforms such as Dropbox, Frame.io, WeTransfer, or similar services.
If Bon Voyage Media is nevertheless found to be liable, this liability is limited to the amount paid out by its liability insurance, or – if no coverage exists – to the invoice amount of the relevant assignment.
11.2 Indemnification
The Client fully indemnifies Bon Voyage Media against all claims from third parties related to the execution of the agreement, unless these claims arise from gross negligence or intent of Bon Voyage Media.
If Bon Voyage Media is addressed by third parties, the Client is obliged to assist Bon Voyage Media both extrajudicially and judicially. All resulting costs are borne by the Client.
11.3 Statute of Limitations
For all claims and defenses against Bon Voyage Media or third parties engaged by Bon Voyage Media, a limitation period of one year applies, unless mandatory law dictates otherwise.
11.4 Force Majeure
Force majeure is understood as any external, unforeseeable, or reasonably uncontrollable circumstance that temporarily or permanently makes (further) performance of the agreement impossible.
Such circumstances include, but are not limited to:
Fire, water damage, or natural disasters;
Labor conflicts, strikes, or blockades;
Pandemics, mobilization, or government measures;
Transport or production delays;
Equipment failure, power outages, or other technical malfunctions;
Failure of internet services or digital platforms such as cloud storage or transfer services.
Bon Voyage Media has the right to invoke force majeure, even if it occurs after partial fulfillment of its obligations.
In the event of force majeure, both parties may suspend their obligations under the agreement wholly or partially. If the force majeure situation lasts longer than two months, both parties are entitled to terminate the agreement in writing without judicial intervention. In that case, there is no right to compensation.
If Bon Voyage Media can only deliver partially due to force majeure, it has the right to invoice the executed part separately. The Client is obliged to pay this invoice as if it were an independent agreement.
Article 12 | Archiving and Retention Periods
12.1 Standard Retention Period
Bon Voyage Media stores the delivered final product and, if applicable, the raw footage for a standard period of at least six (6) months after delivery. This period is subject to technical and practical feasibility.
After this period, Bon Voyage Media is not obligated to retain the material, unless other arrangements have been made in writing beforehand.
Bon Voyage Media is not liable for the loss or deletion of files after the standard retention period has expired, even if the Client later requests the material.
12.2 Extension on Request
The Client may request in writing an extension of the retention period before the standard retention period expires. This extension is only valid if:
Bon Voyage Media has confirmed the extension via email;
And, if applicable, the associated fee has been fully paid before the standard retention period expires.
The price for the extension is determined based on storage duration, data volume, and type of material (final product and/or raw files) and is always provided on request.
The extension may apply to only the final product or also to the raw footage, depending on the arrangements made.
Article 13 | Confidentiality and Non-Disclosure
13.1 Scope and Duration of Confidentiality
Both Bon Voyage Media and the Client are obliged to maintain the confidentiality of all confidential information shared in the context of the agreement. Confidential information includes all business, technical, financial, and operational data, as well as information about employees, clients, methods, pricing, creative concepts, production processes, and contacts.
This obligation applies for the full duration of the agreement. An extended confidentiality period can only be agreed upon in writing between the parties. In such a case, a separate non-disclosure agreement must be drawn up, which also applies to third parties involved in the production. All associated costs are the responsibility of the Client.
The confidentiality obligation also applies to third parties engaged by the Client or Bon Voyage Media for the project, such as freelancers, subcontractors, or external agencies.
13.2 Exceptions to Confidentiality
The confidentiality obligation does not apply if and to the extent that:
Information is already publicly available without the involvement of either party;
A party is required by law or court order to disclose confidential information.
In such cases, Bon Voyage Media and the Client will consult each other where possible before disclosure.
13.3 Content-Related NDA and Business Information
The Client is obliged to maintain the confidentiality of all non-public information regarding:
Prices and rates;
Project-related methods, scripts, and production processes;
Technical specifications and resources used;
Contacts, suppliers, and network information of Bon Voyage Media.
This obligation continues after termination of the agreement.
13.4 Publication Ban for Involved Parties
Without the explicit written consent of Bon Voyage Media, neither the Client nor other parties involved in the production (such as employees, freelancers, or external agencies) may:
Publish unused or raw material;
Share behind-the-scenes material;
Publicly release project fragments.
The publication ban applies during the production period and/or the duration of the agreement, with the longest applicable period being decisive.
Article 14 | Privacy and Data Protection
Bon Voyage Media processes the Client’s personal data in accordance with the General Data Protection Regulation (GDPR). The following data may be collected and processed: name, address, city (NAW data), email address, phone number, and other relevant information for performing the agreement.
These data are used exclusively for:
Performing the agreement and delivering the agreed services;
Maintaining contact with the Client (via email or phone);
Processing feedback via platforms such as Frame.io;
Conducting customer satisfaction surveys or statistical research.
Processing is based on the following legal grounds:
Performance of a contract;
The legitimate interest of Bon Voyage Media in maintaining client relationships and improving services.
The Client has the right at any time to access, correct, or request deletion of their personal data. Requests can be submitted via the contact details on Bon Voyage Media’s website.
Personal data will not be kept longer than necessary for the purposes mentioned above, unless a longer retention period is legally required.
Bon Voyage Media will never sell, rent, or otherwise provide personal data to third parties without the Client’s consent, unless necessary to perform the agreement or required by law. In such cases, prior consultation with the Client will occur if possible.
Bon Voyage Media reserves the right to use anonymized data for statistical or internal research, provided it cannot be traced to individual persons.
For more information, refer to Bon Voyage Media’s separate privacy statement at: www.bonvoyagemedia.com/privacy
Article 15 | Applicable Law and Disputes
All legal relationships involving Bon Voyage Media are governed exclusively by Dutch law, even if the agreement is fully or partially performed abroad or if the Client is located abroad. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
Disputes arising from or related to the agreement should preferably first be submitted to an independent mediator before legal action is taken.
If no amicable solution is reached, disputes will be submitted exclusively to the competent court in Rotterdam, unless mandatory law dictates otherwise. Bon Voyage Media reserves the right, in specific cases (such as collection procedures), to choose another legally competent court.
Article 16 | Final Provisions
If one or more provisions of these general terms and conditions are wholly or partially invalid or nullified at any time, the remaining provisions shall remain fully applicable. The parties will consult to agree on a new provision to replace the invalid or nullified part, preserving as much as possible the purpose and intent of the original provision.
The general terms and conditions are always available via Bon Voyage Media’s website:
https://www.bonvoyagemedia.com/terms
They are also provided as an attachment or via link with every quotation and are available upon request.
The version that applies is always the most recently deposited version or the version in effect at the time the legal relationship with Bon Voyage Media was established.
In case of changes to these terms, the most recently published and/or communicated version will apply to future agreements without separate reconfirmation being necessary.
General Terms and Conditions
General Terms and Conditions of Bon Voyage Media, located at Commandeursstraat 15, 9163JK Nes, registered at the Kamer van Koophandel in Leeuwarden under number 90848438.
Definitions
In these General Terms and Conditions, the following terms shall have the meanings set forth below, unless explicitly stated otherwise.
General Terms and Conditions: The terms and conditions set forth herein.
Bon Voyage Media: Bon Voyage Media, located at Commandeursstraat 15, 9163JK Nes, registered at the Kamer van Koophandel in Leeuwarden under number 90848438
Service: All work, in any form, performed by Bon Voyage Media for or on behalf of the Client.
Fee: The financial compensation agreed upon for the execution of the assignment with the Client.
Assignment: The agreement for the provision of services.
Agreement: Any agreement entered into between Bon Voyage Media and the Client.
Product: All items that are the subject of the agreement entered into between the Client and Bon Voyage Media.
Client: The person or entity that has accepted these general terms and conditions and has purchased the product and/or commissioned the service.
Table of Contents
Article 1 | Scope of these Terms and Conditions
Article 2 | Quotes & Formation of the Agreement
Article 3 | Execution of the Agreement
Article 4 | Rates, Payments, and Rush Fees
Article 5 | Performance of the Agreement
Article 6 | Delivery, Revisions, and Approval
Article 7 | Cancellation and Modification of the Assignment
Article 8 | Intellectual Property and Usage Rights
Article 9 | Raw Materials
Article 10 | Delivery Times and Delays
Article 11 | Liability and Force Majeure
Article 12 | Archiving and Retention Periods
Article 13 | Confidentiality and Secrecy
Article 14 | Privacy and Data Protection
Article 15 | Applicable Law and Disputes
Article 16 | Final Provisions
Article 1 | Scope of These Terms and Conditions
These General Terms and Conditions apply to all offers, projects in collaboration with third parties, and any quote or agreement entered into between Bon Voyage Media and the Client, unless expressly and in writing deviated from by the parties. The Client agrees that Bon Voyage Media may commence the execution of the service immediately. By doing so, the Client acknowledges that they waive the statutory right of withdrawal.
These General Terms and Conditions also apply to agreements with Bon Voyage Media that require the involvement of third parties for their execution. The applicability of any purchase or other general terms and conditions of the Client is explicitly rejected. If it is found that one or more provisions in these General Terms and Conditions are invalid or voidable, the remaining provisions shall remain in full force and effect. In such a case, Bon Voyage Media and the Client shall consult with the aim of agreeing on new provisions to replace the invalid or voided provisions. Deviations from the Agreement and these Terms and Conditions are only valid if expressly agreed upon in writing with Bon Voyage Media.
Article 2 | Quotes & Formation of the Agreement
2.1 Quotes & Validity
Quotes from Bon Voyage Media are preferably issued in writing or electronically, unless urgent circumstances make this impossible. Unless stated otherwise, all quotes are non-binding. If a term for acceptance is included in the quote, the quote shall expire upon the lapse of that term. Bon Voyage Media is not bound by quotes that contain an obvious mistake or clerical error if the Client could reasonably have understood that there was an error. Quotes do not automatically apply to future assignments or repeat orders unless explicitly stated.
2.2 Acceptance & Deviations
An agreement is concluded at the moment the Client accepts Bon Voyage Media’s quote. Both written and oral commitments are binding. If the acceptance deviates from the offer included in the quote, even on minor points, Bon Voyage Media is not bound by it. In that case, the agreement is only concluded if Bon Voyage Media explicitly accepts these deviations.
2.3 Deposits
Bon Voyage Media works both with and without deposits. If a deposit is required, this will always be explicitly stated in the quote.
Unless otherwise agreed, the standard deposit is 50% of the total amount of the quote. In such cases, the execution of the assignment will only commence after the deposit has been received.
2.4 All-In Quotes & Composite Price Estimates
A composite price estimate does not obligate Bon Voyage Media to execute part of the assignment for a proportionate share of the stated price.
In some cases, Bon Voyage Media offers a so-called All-In quote. This involves a fixed total price for the entire project, with no additional costs for the described basic services. These basic services include:
Photography Productions:
Preparation (planning and production coordination)
Shoot (including up to 2 hours of overrun compared to the agreed time)
Basic color corrections (e.g., brightness, contrast, white balance)
Basic Photoshop retouching (e.g., simple edits)
Unlimited selection of photos
Digital delivery of final results
Video Productions:
Preparation (planning and production coordination)
Shooting day(s) (including up to 1 hour of overrun compared to the agreed time)
Editing, including three (3) revision rounds
Color grading, audio mixing, and (on request) subtitles
Digital delivery of final results
Article 3 | Execution of the Agreement
3.1 Commencement of Work
The execution of the agreement will only commence after the quote has been confirmed in writing by the Client and, if applicable, after the deposit has been received by Bon Voyage Media. This applies to pre-production (such as planning, script development, and location research), production, and post-production. If the Client requests that work begin prior to receipt of a deposit or a signed confirmation, Bon Voyage Media reserves the right to refuse such a request.
3.2 Obligations of the Client
The Client is responsible for the timely and complete provision of all necessary input, materials, and information that Bon Voyage Media requires to correctly execute the assignment. This includes, but is not limited to:
Timely substantive feedback during revision rounds (within 3 to 5 business days after delivery of a version)
Availability of locations, contacts, and necessary access
Telephone and/or written accessibility during the project
Timely delivery of the Client’s own material or external content
If the Client fails to meet these obligations, any additional costs incurred may be charged to the Client. Bon Voyage Media also reserves the right to unilaterally adjust deadlines in such cases, without consultation or compensation.
The Client is always responsible for obtaining permission and/or paying any fees for the use of imagery in which third parties (such as individuals or locations) are depicted. Any liability for failing to properly arrange these rights lies entirely with the Client. The Client must ensure that all third parties who may be filmed provide prior written consent.
If third parties later request that Bon Voyage Media remove them from the material, any costs or responsibilities associated with this will be borne entirely by the Client.
3.3 Additional Work
Additional work refers to any tasks that fall outside the scope of the original quote. This may include, but is not limited to:
Unforeseen extra shooting days or production time
Additional revision rounds beyond the three included rounds
Addition of voice-over or subtitles after the fact
Special edits or visual effects not previously agreed upon
Unexpected and significant overruns of the agreed work
Additional work will only be carried out after explicit approval from the Client, unless postponing the execution would delay the project and the Client fails to provide a response despite a request. In such cases, Bon Voyage Media may proceed with the work and invoice the costs afterward.
Costs for additional work will generally be presented to the Client in a separate proposal. Labor will be invoiced based on the applicable hourly or daily rate. External costs (such as voice-over, additional equipment, or travel expenses) will be directly charged to the Client without markup.
Article 4 | Rates, Payments, and Rush Fees
4.1 Fee and Additional Costs
All rates and prices of Bon Voyage Media are expressed in euros, excluding VAT and other government-imposed charges, unless explicitly stated otherwise.
Unless otherwise agreed, rates exclude travel, accommodation, packaging, shipping, administrative, or other incidental costs. Travel expenses are generally invoiced afterward and amount to €0.40 per kilometer for all locations outside the city of Amsterdam.
Bon Voyage Media will notify the Client of any additional costs in a timely manner before concluding the agreement, or provide sufficient information to calculate these costs.
If a fixed price or rate has been agreed upon when entering into the agreement, Bon Voyage Media is entitled to adjust this rate, even if it was originally offered without reservation. In case of a price adjustment, Bon Voyage Media will notify the Client in writing as soon as possible, including the reason, extent, and effective date of the change.
If the price adjustment occurs within three months of entering the agreement, the Client has the right to terminate the agreement in writing, unless:
the increase results from a legal obligation or authority;
the increase is caused by rising costs that could not reasonably have been foreseen at the time of entering the agreement;
Bon Voyage Media is willing to execute the agreement under the original terms;
it was agreed that delivery would take place more than three months after entering the agreement.
If the price adjustment occurs after three months, the Client also has the right to terminate, unless the longer delivery time was explicitly agreed upon.
4.2 Payment Terms and Late Payment
Invoices are issued electronically. Payment may be made either in advance or afterward.
For post-payment, the standard payment term is 14 days from the invoice date, unless otherwise stated on the invoice. Payment must be made to a bank account designated by Bon Voyage Media, in the currency specified on the invoice.
Bon Voyage Media and the Client may agree that payment is made in installments, proportionate to the progress of the work. In that case, the installments and percentages as stated in the agreement or quote apply. For any agreed deposit, the provisions of Article 2.3 apply.
Objections to the amount of the invoice do not suspend the Client’s payment obligation. If payment is not made by the due date, the Client is automatically in default without a notice of default being required. From that moment, the Client owes statutory interest on the outstanding amount.
In the event of bankruptcy, suspension of payments, or guardianship of the Client, all claims of Bon Voyage Media become immediately due and payable.
If the Client fails to (timely) meet the payment obligation, all reasonable extrajudicial costs to obtain payment are charged to the Client. Collection costs are calculated according to the rates advised by the Dutch Bar Association. If Bon Voyage Media demonstrates higher reasonably necessary costs, these will also be reimbursed.
Bon Voyage Media has the right to allocate payments from the Client in the following order:
First, for incurred costs;
Next, for accrued interest;
Then, for the principal and ongoing interest.
Bon Voyage Media may refuse a payment offer if the Client requests a different allocation order or if the offer covers only the principal without the accompanying interest and costs.
4.3 Rush Fee
If the Client explicitly requests delivery within 3 to 5 business days, or requires deadlines that deviate from the regular workflow of Bon Voyage Media, a rush fee of 25% of the quoted amount may be applied by mutual agreement.
This rush fee will only be charged if there is a written request from the Client and Bon Voyage Media deems the accelerated delivery feasible.
Article 5 | Execution of the Agreement
Bon Voyage Media shall execute the Agreement to the best of its knowledge and ability and in accordance with the requirements of good professional practice.
Bon Voyage Media has the right to have certain tasks carried out by third parties. The application of Articles 7:404, 7:407(2), and 7:409 of the Dutch Civil Code is explicitly excluded.
Bon Voyage Media has the right to execute the Agreement in phases.
If the Agreement is executed in phases, Bon Voyage Media has the right to invoice each completed part separately and to demand payment for it. If and as long as such an invoice is not paid by the Client, Bon Voyage Media is not obliged to carry out the subsequent phase and has the right to suspend the Agreement.
If the Agreement is executed in phases, Bon Voyage Media has the right to suspend the execution of those parts that belong to the next phase(s) until the Client has provided written approval of the results of the preceding phase.
The Client shall provide in a timely manner all data or instructions necessary for the execution of the Agreement, or which the Client should reasonably understand are necessary for the execution of the Agreement, to Bon Voyage Media.
If the aforementioned data or instructions are not provided, or not provided on time, Bon Voyage Media has the right to suspend the execution of the Agreement. Any additional costs resulting from the delay shall be borne by the Client.
Bon Voyage Media is not liable for any damage of any kind resulting from reliance on incorrect and/or incomplete data provided by the Client, unless the incorrectness or incompleteness should have been apparent to Bon Voyage Media.
Article 6 | Delivery, Revisions, and Approval
6.1 Number of Revision Rounds
Each project includes a standard three (3) revision rounds, unless otherwise agreed in writing.
A revision includes both content-related and technical adjustments, provided they fall within reasonable limits of the original project scope.
If a project requires multiple versions or formats (deliverables), initially only one main version will be delivered. After approval of this main version, the other versions (such as formats for different platforms) will be produced and delivered.
Additional revisions beyond the three included rounds may be carried out for an extra fee.
6.2 Deadline for Providing Feedback
The Client is requested to provide revision feedback per version within 3 to 5 business days after delivery of a version.
If the Client provides feedback later, the right to progress within the usual timeline lapses. Bon Voyage Media reserves the right in such cases to postpone the project’s progress, for example, due to prioritization of other assignments. No rights can be derived from this.
6.3 Approval and Acceptance in Case of No Response
The Client must confirm approval of the final product in writing, for example via email. If the Client approves the final products (for example, by email, in writing, or by payment of the corresponding invoice), the project will be considered completed.
After approval, the right to further revisions or corrections lapses, unless otherwise agreed and for an additional fee.
If the Client does not provide any response or feedback within 30 calendar days after delivery of a version or final product, the respective product will automatically be considered approved. Bon Voyage Media is then entitled to issue the final invoice and close the project administratively.
Article 7 | Cancellation and Modification of the Assignment
7.1 Cancellation by the Client
The Client has the right to cancel the agreement, provided this does not conflict with previously agreed deadlines, conditions, or provisions in these General Terms and Conditions.
If costs have already been incurred by Bon Voyage Media for the preparation or execution of the assignment (such as location reservations, engagement of third parties, or pre-production work), these costs will be fully charged to the Client.
Cancellation does not release the Client from the obligation to reimburse costs already incurred or from obligations arising from commitments already made.
7.2 Modifications after Approval
If it becomes apparent during the execution of the agreement that a modification or addition to the assignment is necessary, Bon Voyage Media will inform the Client as soon as possible.
All modifications are only valid once they have been confirmed in writing by both parties (for example, via email).
Any modifications may result in adjustments to the schedule and/or the agreed price. Bon Voyage Media will assess each situation to determine whether a price revision is necessary and will always communicate this to the Client prior to implementing the modification.
7.3 Cancellation or Modification by Bon Voyage Media
If Bon Voyage Media is compelled to adjust or cancel the execution of the assignment (for example due to force majeure, illness, or other circumstances beyond its control), it will always consult with the Client.
In the event of cancellation by Bon Voyage Media, amounts already paid by the Client will be refunded, minus any costs already incurred. Bon Voyage Media is not liable for any consequential damages or costs arising from this.
Bon Voyage Media reserves the right to unilaterally terminate the agreement with immediate effect in the event of misconduct or inappropriate behavior by the Client or someone acting on behalf of the Client, including (but not limited to) verbal intimidation, sexual harassment, or disrespectful conduct toward Bon Voyage Media team members or other persons involved in the production.
7.4 Termination of the Agreement
Bon Voyage Media is entitled to terminate the agreement, in whole or in part, with immediate effect if:
The Client fails to comply with a contractual obligation, does not comply on time, or does not comply properly;
After the conclusion of the agreement, circumstances become known that give reason to fear that the Client will not fulfill its obligations;
The Client has been asked to provide guarantees and fails to do so;
The Client is declared bankrupt, applies for suspension of payments, is placed under guardianship, or passes away;
Delays on the part of the Client make it impossible to execute the agreement under reasonable conditions;
Circumstances occur that make maintaining the agreement unreasonable.
Termination is effected by written notice without judicial intervention.
If the agreement is terminated, all claims of Bon Voyage Media on the Client become immediately due and payable.
If the reason for termination is attributable to the Client, Bon Voyage Media reserves the right to claim additional compensation.
7.5 Suspension of Obligations
Bon Voyage Media is entitled to suspend its obligations if:
The Client fails to meet its obligations, does not do so on time, or does not fully comply;
After the conclusion of the agreement, circumstances become known that give good reason to fear that the Client will not meet its obligations;
The Client is asked to provide security and fails to do so or provides insufficient security;
Circumstances arise that make execution of the agreement temporarily or structurally impossible.
Suspension does not release the Client from its payment obligations and also gives Bon Voyage Media the right to claim compensation for any damage incurred.
Article 8 | Intellectual Property and Usage Rights
8.1 Copyrights on the Final Product
All content created by Bon Voyage Media, including visual material, audio, scripts, voice-over texts, music, editing, concepts, and other creations, is protected under copyright law and related legislation.
This content remains at all times the exclusive property of Bon Voyage Media, even after full payment by the Client. The Client only obtains a usage license under the conditions described in this article.
Parts of the final product not created by Bon Voyage Media itself, such as stock material, fonts, or music, may have been used under third-party licenses. Bon Voyage Media guarantees that such use is permitted within the agreed context unless otherwise stated.
Any (unexpected) costs related to these third-party licenses may be charged to the Client.
8.2 Ownership of Creative Proposals and Concepts
All proposals, concepts, scripts, mood boards, content-filled quotes, and other creative expressions developed within the scope of a project remain the intellectual property of Bon Voyage Media at all times.
Even if the Client decides not to continue the collaboration or not to use the proposal, these ideas remain copyright-protected and may not be copied, resold, or applied without written permission from Bon Voyage Media.
8.3 Use by the Client
After full payment of the invoice, the Client obtains a non-exclusive, generally transferable, and unlimited usage license for the final product. This license applies worldwide and for an indefinite period unless otherwise agreed in writing.
The license may be transferred to external parties (such as marketing partners or media agencies), provided that:
The material is not altered;
Use is temporary and project-specific;
The final product remains publicly linked to the original Client at all times.
For use in television broadcasts, cinema screenings, or sales to broadcasters or similar entities (such as Netflix, RTL, NPO, etc.), prior written permission from Bon Voyage Media is required. Additional costs may apply.
Violation of this provision is considered copyright infringement and may result in a fine or legal action as described in Article 7.6.
8.4 Restrictions on Modifications
The Client is not allowed to edit, cut, add other audio or visual elements, manipulate, or otherwise modify the delivered material, in whole or in part, without the express written permission of Bon Voyage Media.
Violation of this provision is considered copyright infringement and may result in a fine or legal action as described in Article 7.6.
8.5 Use for Marketing by Bon Voyage Media
Bon Voyage Media retains the right to use all produced materials, including the final product, unused versions, raw footage, and behind-the-scenes material, for its own promotional purposes.
This use may take place via the website, social media, presentations, showreels, advertisements, or printed materials, without requiring permission from or compensation to the Client.
8.6 Revocation of Usage License
Bon Voyage Media reserves the right to revoke the granted usage license at any time and without giving reasons. This revocation must be communicated to the Client in writing, with a reasonable period of at least 7 days to cease using the delivered material.
If the Client continues use after this period, it will be considered an infringement of Bon Voyage Media’s intellectual property. Bon Voyage Media reserves the right to take legal action in such cases. In addition, Bon Voyage Media retains the right to impose a fine in case of infringement as described in Article 7.7.
8.7 Penalty Clause for Infringement
If the Client infringes any right described in this article, the Client owes Bon Voyage Media an immediately payable fine of €2,500 per violation, increased by €2,500 for each day the violation continues after written notification by Bon Voyage Media. This is without prejudice to the right to claim additional damages and/or take legal action.
Article 9 | Raw Material
9.1 Delivery Upon Request
Raw footage is generally not provided to the Client, unless explicitly agreed upon in writing or initiated by Bon Voyage Media.
The Client may at any time request access to raw footage, taking into account the retention periods specified in these General Terms and Conditions.
Bon Voyage Media reserves the right to refuse such a request. Refusal may be based on, but is not limited to, the following reasons:
Protection of the privacy of individuals involved;
Artistic and/or creative considerations;
Incompleteness or lack of representativeness of the material;
Quality and reputation control of Bon Voyage Media;
Suspected improper use or misuse of the material;
Other reasonable objections that make delivery undesirable.
9.2 Conditions and Fees
In exceptional cases, Bon Voyage Media may decide to provide raw footage free of charge. As a rule, however, the Client is required to pay a fee for the provision of raw footage.
This fee is always determined on a “price on request” basis, taking into account factors such as:
The volume of material requested;
The intended purpose of use;
The identity and technical expertise of the recipient;
The reason for the request.
Bon Voyage Media assumes no responsibility for loss, editing, reuse, or any damage resulting from the use of the provided raw material by the Client or third parties.
9.3 Ownership Rights Remain with Bon Voyage Media
The copyright and full ownership of the raw footage remain at all times with Bon Voyage Media.
Providing raw material does not grant the Client a usage license unless explicitly agreed upon in writing. The Client is not permitted to publish, edit, cut, or use the raw material in any other way without prior written permission from Bon Voyage Media and written approval following observation of such edits.
These provisions fall under and are consistent with the broader provisions in Article 8 (Intellectual Property and Usage Rights).
If the usage license referred to in Article 8 is revoked, the Client is required, upon request by Bon Voyage Media, to provide proof of the removal of the raw material and/or cessation of its use.
Article 10 | Delivery Deadlines and Delays
10.1 Delivery and Execution
Delivery of digital products, such as image and video material, takes place through digital provision to the Client, for example via email or a digital transfer platform.
The moment of provision is considered the moment of delivery.
The execution of services, including recordings, shooting days, and other production activities, takes place within a timeframe specified by Bon Voyage Media. Any scheduling changes will be communicated to the Client in a timely manner.
10.2 Delivery Deadlines and Extensions
Unless otherwise agreed, specified delivery deadlines are indicative and do not confer any rights. Only deadlines confirmed in writing and assessed by Bon Voyage Media as feasible and reasonable are binding.
If Bon Voyage Media requires data, material, or approval from the Client to complete the delivery or execution, the delivery timeframe starts only after these have been fully received.
If the Client fails to respond in a timely manner, provide input, or cooperate, ongoing delivery deadlines will be suspended indefinitely, without Bon Voyage Media being liable for delays or damages.
10.3 Transfer of Risk
Until the moment of delivery, digital files or other products remain at the risk of Bon Voyage Media.
From the moment of digital provision to the Client or a third party designated by the Client, full risk of loss, damage, or unauthorized use transfers to the Client, regardless of whether the material has already been downloaded or opened.
10.4 Duty to Inspect and Complaints
The Client is obliged to immediately inspect the delivered product or executed service upon delivery for accuracy, completeness, and quality. Any visible defects or shortcomings must be reported in writing to Bon Voyage Media within 7 calendar days of delivery or execution.
For non-visible defects, the complaint must be reported within 7 calendar days of discovery. Complaints submitted after this period will not be considered unless otherwise agreed or required by law.
In the case of a valid complaint, Bon Voyage Media always has the right to first remedy the defect free of charge or re-deliver the product, without the Client being entitled to (partial) reimbursement or compensation.
Submitting a complaint does not suspend the Client’s payment obligation. Acceptance of already delivered work remains mandatory unless it no longer has independent value due to the defect and remedying it is reasonably deemed impossible by Bon Voyage Media.
Article 11 | Liability and Force Majeure
11.1 Limitations of Liability
Bon Voyage Media is only liable for direct damage resulting from intent or gross negligence on the part of Bon Voyage Media. All other forms of liability are excluded.
Bon Voyage Media is under no circumstances liable for:
Indirect damage, consequential loss, lost profits, missed savings, reputational damage, or business interruption;
Damage arising from incorrect or incomplete information provided by the Client;
Damage resulting from improper use or modification of delivered material by the Client;
Errors or shortcomings of third parties engaged by Bon Voyage Media, including freelancers, subcontractors, suppliers, or digital platforms such as Dropbox, Frame.io, WeTransfer, or similar services.
If Bon Voyage Media is nevertheless found to be liable, this liability is limited to the amount paid out by its liability insurance, or – if no coverage exists – to the invoice amount of the relevant assignment.
11.2 Indemnification
The Client fully indemnifies Bon Voyage Media against all claims from third parties related to the execution of the agreement, unless these claims arise from gross negligence or intent of Bon Voyage Media.
If Bon Voyage Media is addressed by third parties, the Client is obliged to assist Bon Voyage Media both extrajudicially and judicially. All resulting costs are borne by the Client.
11.3 Statute of Limitations
For all claims and defenses against Bon Voyage Media or third parties engaged by Bon Voyage Media, a limitation period of one year applies, unless mandatory law dictates otherwise.
11.4 Force Majeure
Force majeure is understood as any external, unforeseeable, or reasonably uncontrollable circumstance that temporarily or permanently makes (further) performance of the agreement impossible.
Such circumstances include, but are not limited to:
Fire, water damage, or natural disasters;
Labor conflicts, strikes, or blockades;
Pandemics, mobilization, or government measures;
Transport or production delays;
Equipment failure, power outages, or other technical malfunctions;
Failure of internet services or digital platforms such as cloud storage or transfer services.
Bon Voyage Media has the right to invoke force majeure, even if it occurs after partial fulfillment of its obligations.
In the event of force majeure, both parties may suspend their obligations under the agreement wholly or partially. If the force majeure situation lasts longer than two months, both parties are entitled to terminate the agreement in writing without judicial intervention. In that case, there is no right to compensation.
If Bon Voyage Media can only deliver partially due to force majeure, it has the right to invoice the executed part separately. The Client is obliged to pay this invoice as if it were an independent agreement.
Article 12 | Archiving and Retention Periods
12.1 Standard Retention Period
Bon Voyage Media stores the delivered final product and, if applicable, the raw footage for a standard period of at least six (6) months after delivery. This period is subject to technical and practical feasibility.
After this period, Bon Voyage Media is not obligated to retain the material, unless other arrangements have been made in writing beforehand.
Bon Voyage Media is not liable for the loss or deletion of files after the standard retention period has expired, even if the Client later requests the material.
12.2 Extension on Request
The Client may request in writing an extension of the retention period before the standard retention period expires. This extension is only valid if:
Bon Voyage Media has confirmed the extension via email;
And, if applicable, the associated fee has been fully paid before the standard retention period expires.
The price for the extension is determined based on storage duration, data volume, and type of material (final product and/or raw files) and is always provided on request.
The extension may apply to only the final product or also to the raw footage, depending on the arrangements made.
Article 13 | Confidentiality and Non-Disclosure
13.1 Scope and Duration of Confidentiality
Both Bon Voyage Media and the Client are obliged to maintain the confidentiality of all confidential information shared in the context of the agreement. Confidential information includes all business, technical, financial, and operational data, as well as information about employees, clients, methods, pricing, creative concepts, production processes, and contacts.
This obligation applies for the full duration of the agreement. An extended confidentiality period can only be agreed upon in writing between the parties. In such a case, a separate non-disclosure agreement must be drawn up, which also applies to third parties involved in the production. All associated costs are the responsibility of the Client.
The confidentiality obligation also applies to third parties engaged by the Client or Bon Voyage Media for the project, such as freelancers, subcontractors, or external agencies.
13.2 Exceptions to Confidentiality
The confidentiality obligation does not apply if and to the extent that:
Information is already publicly available without the involvement of either party;
A party is required by law or court order to disclose confidential information.
In such cases, Bon Voyage Media and the Client will consult each other where possible before disclosure.
13.3 Content-Related NDA and Business Information
The Client is obliged to maintain the confidentiality of all non-public information regarding:
Prices and rates;
Project-related methods, scripts, and production processes;
Technical specifications and resources used;
Contacts, suppliers, and network information of Bon Voyage Media.
This obligation continues after termination of the agreement.
13.4 Publication Ban for Involved Parties
Without the explicit written consent of Bon Voyage Media, neither the Client nor other parties involved in the production (such as employees, freelancers, or external agencies) may:
Publish unused or raw material;
Share behind-the-scenes material;
Publicly release project fragments.
The publication ban applies during the production period and/or the duration of the agreement, with the longest applicable period being decisive.
Article 14 | Privacy and Data Protection
Bon Voyage Media processes the Client’s personal data in accordance with the General Data Protection Regulation (GDPR). The following data may be collected and processed: name, address, city (NAW data), email address, phone number, and other relevant information for performing the agreement.
These data are used exclusively for:
Performing the agreement and delivering the agreed services;
Maintaining contact with the Client (via email or phone);
Processing feedback via platforms such as Frame.io;
Conducting customer satisfaction surveys or statistical research.
Processing is based on the following legal grounds:
Performance of a contract;
The legitimate interest of Bon Voyage Media in maintaining client relationships and improving services.
The Client has the right at any time to access, correct, or request deletion of their personal data. Requests can be submitted via the contact details on Bon Voyage Media’s website.
Personal data will not be kept longer than necessary for the purposes mentioned above, unless a longer retention period is legally required.
Bon Voyage Media will never sell, rent, or otherwise provide personal data to third parties without the Client’s consent, unless necessary to perform the agreement or required by law. In such cases, prior consultation with the Client will occur if possible.
Bon Voyage Media reserves the right to use anonymized data for statistical or internal research, provided it cannot be traced to individual persons.
For more information, refer to Bon Voyage Media’s separate privacy statement at: www.bonvoyagemedia.com/privacy
Article 15 | Applicable Law and Disputes
All legal relationships involving Bon Voyage Media are governed exclusively by Dutch law, even if the agreement is fully or partially performed abroad or if the Client is located abroad. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
Disputes arising from or related to the agreement should preferably first be submitted to an independent mediator before legal action is taken.
If no amicable solution is reached, disputes will be submitted exclusively to the competent court in Rotterdam, unless mandatory law dictates otherwise. Bon Voyage Media reserves the right, in specific cases (such as collection procedures), to choose another legally competent court.
Article 16 | Final Provisions
If one or more provisions of these general terms and conditions are wholly or partially invalid or nullified at any time, the remaining provisions shall remain fully applicable. The parties will consult to agree on a new provision to replace the invalid or nullified part, preserving as much as possible the purpose and intent of the original provision.
The general terms and conditions are always available via Bon Voyage Media’s website:
https://www.bonvoyagemedia.com/terms
They are also provided as an attachment or via link with every quotation and are available upon request.
The version that applies is always the most recently deposited version or the version in effect at the time the legal relationship with Bon Voyage Media was established.
In case of changes to these terms, the most recently published and/or communicated version will apply to future agreements without separate reconfirmation being necessary.