General terms and conditions La Casserole
Article 1. GENERAL
- These La Casserole terms and conditions apply to all offers, agreements and services, including on-site rental of the goods mentioned in the agreement, with all accessories supplied. The general terms and conditions are provided with every quotation/order confirmation, can be found on www.la-casserole.nl and will be sent again free of charge upon request;
- Additions or deviations from these conditions must be agreed in writing and only apply to the agreement for which they were made;
- Different general/purchasing conditions, including those of the other party, will not be accepted by La Casserole, unless otherwise agreed in writing and confirmed by La Casserole;
- With regard to a reservation or order, the other party will never be able to rely on the fact that it acted on behalf of a third party, unless the other party has expressly informed La Casserole of this and La Casserole has then accepted the order in writing under this condition.
Article 2. OFFERS / QUOTES
- All offers and quotations are entirely without obligation and are valid for 7 days after the quotation date, unless otherwise agreed in writing. An offer that contains a term can nevertheless be revoked by La Casserole, even after receipt of the order, provided that this is done within 5 working days of receipt of that order;
- Quantities, weights, sizes, prices, etc. stated in price sheets or on the website, quotations and other documents are for information purposes only, as are the statements regarding qualities. Although the most important characteristics of goods and services are shown as accurately as possible, they have the nature of an approximate indication and do not bind La Casserole. If a sample, model or image has been shown or provided to the other party, it is presumed that it was shown only as an indication without the item having to correspond to it, unless it is expressly agreed that the item will correspond with it (Article 7:17 et seq. of the Dutch Civil Code);
- Offers/quotes can be accepted in writing (or electronically). La Casserole is nevertheless entitled to accept a verbal acceptance as if it had been made in writing;
- A composite quotation does not oblige La Casserole to carry out part of the assignment for a corresponding part of the stated price;
- A reservation is made on the basis of the information provided by the other party. If – as it turns out afterwards – the other party has painted an incorrect picture of the actual situation during the reservation, La Casserole is entitled to revoke the reservation;
Article 3. WHEN IS THERE AN AGREEMENT?
- An agreement is only deemed to have been legally concluded after La Casserole has confirmed the order in writing or has commenced the execution of the order, which includes the purchase of the ingredients for the relevant arrangement or the start-up/preparation of the order. production for that. An agreement has also been concluded because the down payment has been paid by the other party. If the order confirmation has not (yet) been signed and returned by the other party, La Casserole assumes that the order confirmation does express what the parties have agreed. In particular, the absence of a signature does not detract from the binding force of the offer and its acceptance. The content of the agreement is determined by La Casserole’s quotation and/or order confirmation and these general terms and conditions;
- The calculation for the total costs is determined on the basis of a preliminary estimate and is based on a pre-agreed period of time and the minimum number of people specified in advance. The purchase is based on the number of people registered, so if a lower number of people show up, no reduction/refund will take place. Subsequent calculation takes place when more people are present than stated;
- La Casserole has the right to terminate the agreement at any time, without judicial intervention, if, in its opinion, the inventory is not used carefully by the other party or if there is abuse/destruction.
Article 4. EXECUTION OF THE AGREEMENT
- La Casserole will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. Changes in details during the execution by La Casserole may be made without consultation and cannot be a reason for the other party not to fulfill its obligations. These changes may be of a technical and/or aesthetic nature or depend on weather conditions and/or safety regulations;
- La Casserole is entitled, without the consent of the other party, to outsource the assignment or parts thereof to or to have it carried out by third parties who are not employed by La Casserole;
- The other party shall ensure that all information that La Casserole indicates is necessary or of which the other party should reasonably understand that it is necessary for the execution of the agreement, is provided to La Casserole in a timely manner;
- La Casserole will be on location 2 hours before the start of the event. If guests are or want to be present on location earlier than 2 hours before the start of the event, additional (staff) costs will be incurred in addition to additional consumption costs;
- If, after the order has been placed, changes are still required in its execution, the other party must confirm this in writing one month in advance;
- La Casserole is not obliged to receive and/or store any goods from the other party. The foregoing means that La Casserole is not responsible and/or liable for damage, loss or theft of any property of the other party, which has been received and/or taken into custody by La Casserole;
- La Casserole is not obliged to admit any pet of the other party and can attach conditions to the admission. The legal regulations apply to the admission of assistance dogs, including the exceptions stated therein;
- The other party must (in the case of catering) have the necessary approvals, such as permits, exemptions, decisions and insurance against damage and theft, at its own expense and risk;
- Resources used during transport (catering) that are not intended for single use, such as pallets, crates, containers, etc., remain the property of La Casserole. If the aids are not returned, the other party will reimburse the new price with a surcharge of 15%.
Article 5. OBLIGATIONS OF THE OTHER PARTY
- The other party must pay the down payment by invoice within 8 days after recording an option date, after which the option date will be definitively converted into a reservation. If the deposit is not paid on time, La Casserole no longer has any obligation to reserve the chosen date or dates for the other party;
- The other party must notify the number of persons in writing no later than seven working days before the reserved date (read: the package). The other party must also indicate whether there are certain allergies and/or whether people are following a diet – with any menu choices – which will be taken into account as much as possible;
- The installation and use of decorations at Henkenshage Castle, Auberge Eeckaerde and Het Ketelhuis is permitted with written permission from La Casserole. The foregoing also applies to entertainment. Sprinkling materials (including confetti, rice, etc.) are not permitted, unless expressly agreed otherwise in writing. The Other Party provides the contact details of the entertainment in connection with set-up and dismantling times and other conditions;
- After termination of the arrangement, all items belonging to the other party must be taken, including equipment, materials, etc.;
- In the case of an arrangement at the other party’s location, the other party must take all weather conditions into account;
- Subletting or re-letting or moving the inventory on location is not permitted;
- The other party may not make any changes to the delivered goods/accessories during an on-site arrangement and may not use them for purposes other than those for which they are appropriate. If defects and damage are found, these defects/damaged items will be charged to the other party at new value;
- The use of fireworks on location is not permitted. If this rule is exceeded, La Casserole is forced to end the event immediately and report it to the police.
Article 6. INSPECTION / TRANSFER OF RISK
- The items are checked by La Casserole before delivery. For on-site catering, the other party is also obliged to immediately inspect the delivered goods upon receipt for defects and/or damage. If this inspection does not lead to written comments, the other party will be deemed to have received La Casserole’s inventory in good condition and the other party will be liable for damage and/or defects found upon return of the inventory. In the event of damage or defect, the replacement value will be charged;
- The risk of loss or damage to the items that are the subject of the agreement is transferred to the other party at the time that they are legally and/or actually delivered to the other party and are therefore under the power of the other party or a third party to be designated by the other party. are being brought.
Article 7. PRICES and PAYMENT
- All quotations and the prices charged by La Casserole are the prices applicable at the time of the offer or the conclusion of the agreement, including VAT, unless otherwise agreed. For deliveries elsewhere, at the request of the other party, transport costs may be involved;
- If the prices of materials, taxes and/or other factors that partly determine the price of the goods and/or services change after the conclusion of the agreement, La Casserole is entitled to implement these price changes. Price changes of more than 10% give the other party the right to terminate the agreement, provided this is done in writing and within 7 days after receipt of the relevant notification. A dissolution as mentioned above does not entitle the other party to compensation for any damage;
- Payment must be made within 8 days after the invoice date, unless otherwise agreed in writing;
- La Casserole reserves the right to require a down payment from the other party in advance when booking. The agreement will only become final after (timely) receipt of the down payment. If the deposit is not paid on time, La Casserole is entitled to cancel the reservation, without being liable for any resulting damage to the other party;
- Without prejudice to its other rights, La Casserole is then entitled to charge interest on the outstanding amount of 1% per month or part of a month, to be calculated from the relevant due date;
- In the case of a joint assignment, each other party is individually jointly and severally liable for payment of the entire invoice amount (Article 7:407 paragraph 1 of the Dutch Civil Code).
Article 8. CORKAGE FEES
La Casserole can prohibit the other party from consuming wines that they have brought with them. If La Casserole allows the consumption of wine or food you bring yourself, La Casserole may attach conditions to this, including charging corkage and serving costs.
Article 9. CANCELLATION of the RESERVATION
- A cancellation must always be made in writing;
- In the event of cancellation by the other party more than 10 months before the start of the reserved date, all costs incurred by La Casserole in connection with the assignment as well as the lost profit are immediately due and payable, with a minimum of the down payment as compensation, to be increased as much as necessary with any damage suffered by La Casserole as a result of the cancellation;
- In the event of a cancellation less than 10 months and more than 8 months before the reserved date, the other party owes 25% of the total agreed price/rent;
- In the event of a cancellation less than 8 months and more than 6 months before the reserved date, the other party owes 30% of the total agreed price/rent;
- In the event of a cancellation less than 6 months and more than 4 months before the reserved date, the other party owes 40% of the total agreed price/rent;
- In the event of a cancellation less than 4 months and more than 2 months before the reserved date, the other party owes 50% of the total agreed price/rent;
- In the event of a cancellation less than 2 months and more than 1 month before the reserved date, the other party owes 60% of the total agreed price/rent;
- In the event of a cancellation less than 1 month and more than 7 days before the reserved date, the other party owes 75% of the total agreed price/rent;
- In the event of a cancellation less than 7 days before the reserved date (or in the event of a No Show), the other party owes 100% of the total agreed price/rent;
- If an equivalent reservation is made upon cancellation of the reserved date, the above provisions will lapse and the costs will be dealt with in consultation.
Article 9a CANCELLATION INSURANCE
La Casserole strongly advises you to take out cancellation insurance. Tip: Klap is an insurance broker and the specialist in insurance for weddings, anniversaries, company parties (www.klap.com/events).
Article 10. CLAIMS/COMPLAINTS
- The other party is obliged to immediately report any complaints about the service at the time of the execution of the agreement so that La Casserole can be enabled to resolve the complaints;
- Other complaints must be reported by the other party to La Casserole within 8 days after completion of the relevant work. After this period has expired, complaints will no longer be processed. The complaint must contain as detailed a description as possible of the shortcoming, so that La Casserole is able to respond adequately. La Casserole will inform the other party in writing of the well-founded or unfounded finding within 18 working days after receipt of the complaint;
- If a complaint is justified, La Casserole will still carry out the work as agreed, unless this has demonstrably become pointless for the other party. The latter must be made known in writing by the other party;
- If it is no longer possible or useful to carry out the agreed work, La Casserole will, at its discretion, carry out other work or grant a price reduction;
- Complaints are not possible if:
- the delivered goods and/or services provided exhibit one or more imperfections or deviations that fall within a reasonable tolerance;
- the delivered goods have been used for a purpose other than that for which they are normally intended or have been used, stored or transported in an improper manner;
- the damage was caused by negligence of the other party or because the other party acted contrary to instructions, directions and advice from La Casserole;
- the other party has not fulfilled his/her obligations towards La Casserole (both financial and otherwise).
Article 11. SUSPENSION AND DISSOLUTION
- La Casserole is entitled to dissolve the agreement in whole or in part with immediate effect, without judicial intervention, or to suspend execution, without prejudice to its other rights (to performance and/or compensation), if:
- the other party acts contrary to any provision of the agreement between the parties;
- there is bankruptcy, (provisional) suspension of payments, receivership, debt restructuring or cessation, liquidation or full or partial transfer of the company or death.
- the other party’s company is shut down or liquidated;
- a private agreement is offered or any asset of the other party is seized. La Casserole does not then have to pay compensation to the other party and also has the right to claim compensation and/or payment itself. If one of these circumstances occurs, the other party will immediately be in default;
- Furthermore, La Casserole is entitled to dissolve the agreement if circumstances arise that are of such a nature that fulfillment of the agreement is impossible – or can no longer be required according to standards of reasonableness and fairness – or if other circumstances arise that are of are of such a nature that unchanged maintenance of the agreement cannot reasonably be expected;
- If the agreement is dissolved, La Casserole’s claims on the other party are immediately due and payable. If La Casserole suspends the fulfillment of its obligations, it retains its claims under the law and the agreement;
- La Casserole always reserves the right to claim damages.
Article 12. LIABILITY
- The other party is liable for all damage (including business damage) that occurs during the arrangement (on location) to the inventory, whether or not due to the fault of the other party and regardless of whether this is attributable or not. The other party is liable for returning the inventory in the same condition in which it received it from La Casserole. After return, the inventory will be checked. In the event of damage and/or defects, La Casserole will inform the other party of its findings regarding damage, loss of value, etc. within 8 days. After receipt of this letter, the other party has 8 days (not including Sundays and public holidays) to determine damage at La Casserole. If the other party does not respond within this period, La Casserole is authorized to make immediate repairs or replacement and charge the costs thereof to the other party, without prejudice to La Casserole’s right to claim additional compensation;
- La Casserole is not liable for damage arising as a result of any shortcoming in the fulfillment of its obligation(s) towards the other party. Any claim for damages – on whatever grounds – is excluded, unless there is intent or deliberate recklessness on the part of La Casserole or managerial subordinates;
- La Casserole accepts no liability for advice provided by or on behalf of it;
- La Casserole’s liability for a professional error that causes the other party to suffer (direct) damage is limited to a maximum of the amount paid out by La Casserole’s insurer in the appropriate case. If La Casserole’s insurer does not pay out for any reason, or if the damage is not covered by the insurance, the liability is up to a maximum of the invoice value of the assignment, or at least up to that part of the assignment to which the liability relates;
- The other party must always give La Casserole the opportunity to settle a complaint, otherwise liability and therefore compensation will lapse;
- Direct damage is exclusively understood to mean:
- the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions;
- any reasonable costs incurred to ensure that La Casserole’s defective performance complies with the agreement, unless these cannot be attributed to La Casserole;
- the reasonable costs incurred to prevent or limit damage, insofar as the other party demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions;
- La Casserole is never liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business stagnation;
- The other party is obliged to take preventive measures to prevent theft of the rented goods, as the other party has an obligation to repay, which will not be lifted, not even by chance or intervention by third parties.
ARTICLE 13. FORCE MAJEURE
- In the event of force majeure, La Casserole is entitled, without judicial intervention, either to suspend the execution of the agreement as long as the circumstances causing the force majeure continue, or to terminate the agreement in whole or in part without being liable for any compensation, fine or refund of paid invoices. to be;
- “Force majeure” on the part of La Casserole is understood to mean: any circumstance that La Casserole could not take into account when entering into the agreement and/or as a result of which normal performance of the agreement cannot reasonably be expected by the other party. such as, but not limited to: illness at La Casserole, not having sufficient data from or the provision of incorrect data by the other party, or the lack of cooperation by the other party, as well as fire, pandemic, floods, strikes, civil disturbances , transport disruptions, mobilization, war, machine breakdown, failure to provide facilities by public utilities and all other circumstances that delay or make the execution of the assignment impossible;
- La Casserole may suspend its obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, the other party may terminate the agreement without any obligation to compensate La Casserole for damage. In the event of a pandemic, the following additional conditions apply.
ARTICLE 13a. FORCE MAJEURE IN THE EVENT OF PANDEMIC (Additional conditions regarding Coronavirus)
- If the government prohibits a gathering (read: prohibits a party/reception from taking place), the party will be moved free of charge, meaning deposits will also not be refunded. If the other party does not consider a relocation desirable, this will be regarded as a cancellation within the meaning of Article 9;
- If a reservation has been made for a large number of guests, after which the government compulsorily limits the number of guests at a later date, La Casserole must adhere to the new imposed standards and this cannot be held against La Casserole and the party/reception can be canceled. catered for the maximum number of guests imposed by the government;
- If the other party nevertheless deems a relocation desirable, relocation costs will be charged at 25% of the total agreed price/rent. With the exception of what is included in Article 9 general terms and conditions, relocation costs of 40% of the total reservation value will be charged for relocation up to 2 weeks prior to the party/reception;
- In case of complete cancellation, the deposit is non-refundable and Article 9 general terms and conditions apply.
Article 14. PROCESSING PERSONAL DATA and PRIVACY POLICY
- To the extent that personal data is processed in the context of carrying out the work, these personal data will be processed in a proper and careful manner and in accordance with the Personal Data Protection Act and General Data Protection Regulation;
- Technical and organizational measures have been taken to protect the personal data against loss or any other form of unlawful processing, taking into account the state of the art and the nature of the processing;
- La Casserole cooperates with the other party or third parties when the latter submits a request to exercise his or her rights such as, but not limited to, the right to inspect, improve, delete, but with the exception of the information that La Casserole is legally obliged to provide. save. For example, La Casserole is legally obliged to keep data such as copies of invoices for seven years;
- The collection of (personal) data of the other party, including user material and information, used by La Casserole is a legally protected database. La Casserole is the producer of the database and therefore has the exclusive right to grant permission for;
- retrieving or reusing the whole or a qualitatively and/or quantitatively substantial part of the contents of the database;
- the repeated and systematic retrieval or reuse of qualitatively and/or quantitatively insubstantial parts of the contents of the database, insofar as this is contrary to the normal operation of the database or causes unjustified damage to the legitimate interests of La Casserole. La Casserole may only request or reuse data from the database if and to the extent permitted under these general terms and conditions;
- A data breach (a lost USB stick containing personal data, a stolen laptop or a burglary of a data file, etc.) that leads to a significant risk of serious adverse consequences or has serious adverse consequences for the protection of personal data is reported to the reporting desk. data leaks Dutch Data Protection Authority.
Article 15. PARTIAL VOID
If one or more provisions of this agreement with the other party are not or not fully legally valid, the other provisions will remain fully in force. The invalid provisions will be replaced by an appropriate arrangement that comes as close as possible to the intention of the parties and the economic result they seek in a legally effective manner.
Article 16. PLACE OF PERFORMANCE, APPLICABLE LAW, JURISDICTION
- The place of business of La Casserole is the place where the other party must fulfill its obligations towards La Casserole, unless mandatory provisions dictate otherwise;
- All offers and agreements from La Casserole are exclusively governed by Dutch law;
- All disputes arising from the agreement concluded between the other party and La Casserole or from further agreements that may result from it will be settled by the competent court;
- In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text is always decisive;
- These general terms and conditions were filed with the Chamber of Commerce in January 2022.