1. General & Applicability

1.1 These general terms and conditions apply to all offers, agreements, and services provided by Lestari Hospitality Consulting (hereinafter: "Lestari").

1.2 By using our services (including CRM optimization, process automation, and interim management), the client agrees to these terms.

1.3 Any purchasing conditions of the client are expressly rejected. Deviating agreements are only valid if confirmed in writing by Lestari.

 

2. Execution of Services

2.1 Best Efforts Obligation: Lestari shall perform the work to the best of its insight and ability. All services are performed on the basis of a best-efforts obligation ("inspanningsverbintenis"), unless a specific result has been explicitly promised in writing. Lestari cannot provide guarantees regarding external factors, such as third-party software updates, algorithm changes, or market conditions.

2.2 Client Cooperation: For successful execution, the client is required to provide all data and access to systems (such as PMS/CRM) that Lestari deems necessary, in a timely and complete manner.

 

3. Interim Management & Consultancy

3.1 Responsibility: During interim assignments, Lestari acts as a temporary advisor or support. Ultimate final responsibility for business decisions and the daily management of staff remains at all times with the client’s management.

3.2 Duration & Termination: Unless otherwise agreed in writing, a mutual notice period of 30 calendar days applies to interim assignments.

 

4. CRM, Data Integrity & Privacy

4.1 Data Quality: Lestari works with the data provided by the client. Lestari is not responsible for errors or damages resulting from incorrect or incomplete source data.

4.2 Backups: The client is solely responsible for making adequate backups of systems and databases before optimization work begins.

4.3 Privacy (GDPR): To the extent that Lestari processes personal data (e.g., guest data in a CRM), parties will consult to conclude a separate Data Processing Agreement (DPA) in accordance with the General Data Protection Regulation (GDPR).

 

5. Rates, Payment & Collection

5.1 Invoicing: Invoicing is done monthly in arrears based on actual hours worked or a predetermined project rate, unless otherwise agreed in writing.

5.2 Payment Term: Invoices must be paid within 14 days of the invoice date.

5.3 Default: If the payment term is exceeded, the client is legally in default. Lestari then has the right to suspend work with immediate effect.

5.4 Interest & Costs: In case of default, the client owes statutory commercial interest. All (extrajudicial) collection costs are at the client's expense.

 

6. Intellectual Property

6.1 All methodologies, specific dashboard configurations, reports, and training materials developed by Lestari remain the property of Lestari Hospitality Consulting, unless explicitly agreed otherwise in writing.

6.2 The client obtains a non-exclusive right of use for their own organization only.

 

7. Liability

7.1 Lestari’s liability is limited to a maximum of the invoice amount of the specific assignment (or, in the case of long-term assignments, the invoice amount of the last three months).

7.2 Lestari is never liable for indirect damage, including but not limited to consequential damage, lost profits, missed savings, or damage due to business stagnation.

8. Force Majeure

8.1 In case of force majeure (such as illness of the consultant, pandemic, telecommunication infrastructure failures, or other circumstances beyond Lestari’s control), obligations are suspended.

8.2 If the force majeure situation lasts longer than 30 days, both parties have the right to dissolve the agreement without compensation.

 

9. Confidentiality

9.1 Both parties are obliged to maintain strict confidentiality regarding all sensitive information, commercial strategies, and guest data obtained within the framework of the agreement.

 

10. Applicable Law & Disputes

10.1 All legal relationships to which Lestari is a party are exclusively governed by Dutch law.

10.2 Disputes shall be submitted exclusively to the competent court in the district where Lestari Hospitality Consulting is established.