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Renting out reindeer might be allowed in the Netherlands after all

Creative experiences with animals — alpaca walks, goat yoga, cat cafés — are permitted, but within legal limits. You must take into account animal welfare, customer safety, and the rules regarding which animals you may keep. Furthermore, you are...

Published on March 24, 2022 by MKBjuristen.nl
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Creative experiences involving animals — alpaca walks, goat yoga, cat cafés — are permitted, but within legal limits. You must take into account animal welfare, customer safety, and regulations regarding which animals you may keep. Furthermore, as the owner of an animal, you are liable for any damage it causes.

Are you allowed to use animals just like that?

Not every animal may simply be kept or used commercially. Legislation sets limits on which (mammal) animals may be kept and under what conditions, partly with a view to animal welfare and safety. Check in advance whether the animal you wish to use is permitted and whether you need to meet any special requirements.

Animal welfare first

You must ensure the welfare of the animals: appropriate housing, care, rest, and protection against stress caused by the public. The Animal Welfare Act and associated regulations set requirements for this. If you fall short, you risk enforcement action and reputational damage.

Customer safety

If you bring customers into contact with animals, you must ensure safety: proper instructions, supervision, and measures to prevent biting, kicking, or falling. An accident can lead to liability and personal injury claims.

Liability for your animal

As the owner of an animal, you are in principle liable for damage caused by the animal (strict liability, Article 6:179 of the Dutch Civil Code), even without any fault on your part. Limit this risk with proper instructions, supervision, clear terms and conditions, and appropriate liability insurance.

Frequently Asked Questions

May I use any animal for an experience?

No. The law determines which animals may be kept and under what conditions. Check this in advance.

Am I liable if an animal injures a customer?

In principle, yes: as the owner, you bear strict liability for damage caused by your animal (Article 6:179 of the Dutch Civil Code). Limit this with instructions, supervision, and insurance.

What else should I pay attention to?

On animal welfare, customer safety, and clear conditions regarding participation at one's own risk, within legal limits.

Is your animal experience legally in order?

Our legal experts draft terms and conditions and advise on liability. View our corporate lawteam, have your general terms and conditions drafted, or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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