Terms and Conditions
2021
All rights reserved ©Hete Peper
All rights reserved ©Hete Peper
Terms and Conditions
HetePeper Ltd
Article 1. Definitions
1.1. In these general terms and conditions, the following terms shall have the meanings set out below, unless expressly stated otherwise or the context indicates otherwise:
a. HetePeper: the party to these general terms and conditions: HetePeper B.V., with its registered office at Grasweg 41 M, Amsterdam, registered with the Chamber of Commerce under number 57617864;
b. client: the natural person or legal entity that has entered into an agreement with HetePeper;
c. private individual: the natural person who is not acting in the course of their profession or business;
d. agreement: the agreement between the client and HetePeper concerning one or more services to be provided by HetePeper in return for a fee payable by the client;
e. days: calendar days;
f. working days: all days except Saturdays, Sundays and generally recognised public holidays;
g. event: the event to which the agreement relates and at which HetePeper provides (part of) the catering;
h. guest: a guest at the event;
i. quotation: an estimate of the costs of the supplies and services requested by the client.
1.1. In these general terms and conditions, the following terms shall have the meanings set out below, unless expressly stated otherwise or the context indicates otherwise:
a. HetePeper: the party to these general terms and conditions: HetePeper B.V., with its registered office at Grasweg 41 M, Amsterdam, registered with the Chamber of Commerce under number 57617864;
b. client: the natural person or legal entity that has entered into an agreement with HetePeper;
c. private individual: the natural person who is not acting in the course of their profession or business;
d. agreement: the agreement between the client and HetePeper concerning one or more services to be provided by HetePeper in return for a fee payable by the client;
e. days: calendar days;
f. working days: all days except Saturdays, Sundays and generally recognised public holidays;
g. event: the event to which the agreement relates and at which HetePeper provides (part of) the catering;
h. guest: a guest at the event;
i. quotation: an estimate of the costs of the supplies and services requested by the client.
Article 2. General
2.1. The provisions of these general terms and conditions apply to the agreement concluded between HetePeper and the client, including (preliminary) quotations, proposals and other arrangements, insofar as the parties have not expressly deviated from these general terms and conditions in writing or by email.
2.2. The applicability of the client’s general (purchasing) terms and conditions is expressly excluded. If the parties agree in writing that the client’s general (purchasing) terms and conditions shall also apply, in the event of any conflict between the various terms and conditions, HetePeper’s general terms and conditions shall prevail.
2.3. Should a situation arise between HetePeper and the client which is not covered by the general terms and conditions or the agreement between HetePeper and the client, the Uniform Terms and Conditions for the Hospitality Industry, as filed with the District Court of The Hague, shall apply.
2.4. If any provision of these general terms and conditions is void or is set aside, the remaining provisions of these general terms and conditions shall remain in full force and effect. The void or annulled provisions shall be replaced by HetePeper, taking into account, as far as possible, the purpose and intent of the original provision(s).
2.5. If HetePeper does not always require strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply, or that HetePeper would in any way lose the right to require strict compliance with the provisions of these general terms and conditions in other cases.
2.6. HetePeper is entitled to amend these general terms and conditions and to declare the amended general terms and conditions applicable to the existing agreement. The client shall be notified in writing or by email of the amended general terms and conditions and of the date on which they come into force. If the terms and conditions have been amended in a significant manner and to the detriment of the client, the client, being a private individual, has the right to terminate the agreement if the client does not agree to the amended terms and conditions, unless HetePeper has informed the client that HetePeper agrees that the old general terms and conditions shall continue to apply to the current contract.
2.1. The provisions of these general terms and conditions apply to the agreement concluded between HetePeper and the client, including (preliminary) quotations, proposals and other arrangements, insofar as the parties have not expressly deviated from these general terms and conditions in writing or by email.
2.2. The applicability of the client’s general (purchasing) terms and conditions is expressly excluded. If the parties agree in writing that the client’s general (purchasing) terms and conditions shall also apply, in the event of any conflict between the various terms and conditions, HetePeper’s general terms and conditions shall prevail.
2.3. Should a situation arise between HetePeper and the client which is not covered by the general terms and conditions or the agreement between HetePeper and the client, the Uniform Terms and Conditions for the Hospitality Industry, as filed with the District Court of The Hague, shall apply.
2.4. If any provision of these general terms and conditions is void or is set aside, the remaining provisions of these general terms and conditions shall remain in full force and effect. The void or annulled provisions shall be replaced by HetePeper, taking into account, as far as possible, the purpose and intent of the original provision(s).
2.5. If HetePeper does not always require strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply, or that HetePeper would in any way lose the right to require strict compliance with the provisions of these general terms and conditions in other cases.
2.6. HetePeper is entitled to amend these general terms and conditions and to declare the amended general terms and conditions applicable to the existing agreement. The client shall be notified in writing or by email of the amended general terms and conditions and of the date on which they come into force. If the terms and conditions have been amended in a significant manner and to the detriment of the client, the client, being a private individual, has the right to terminate the agreement if the client does not agree to the amended terms and conditions, unless HetePeper has informed the client that HetePeper agrees that the old general terms and conditions shall continue to apply to the current contract.
Article 3. Offer
3.1. All quotations and proposals from HetePeper, in whatever form, are non-binding.
3.2. HetePeper reserves the right to refuse orders without giving reasons.
3.3. The quotation or proposal shall include a breakdown comprising, amongst other things: a. The price per guest; b. The hourly rates per role; c. An estimate of the number of hours per role required to carry out the services and work requested by the client.
3.4. If HetePeper provides a composite quotation, there is no obligation to carry out part of the quotation at a proportionate part of the price quoted for the whole.
3.5. Obvious errors or mistakes in quotations or proposals from HetePeper are not binding on HetePeper.
3.6. The client guarantees the accuracy and completeness of the quantities, requirements, specifications and other details provided to HetePeper by or on behalf of the client, on which HetePeper bases its quotation. If the details provided by the client are incorrect or incomplete, this may affect the price.
3.7. The total remuneration for the supplies and performance of the work is based on a post-event calculation and is calculated by multiplying the price per guest by the number of guests, subject to Article 6.4 where applicable, and the staff costs (staff hourly rates multiplied by the number of hours worked). The quotation provided is an estimate and no rights may be derived from it.
3.1. All quotations and proposals from HetePeper, in whatever form, are non-binding.
3.2. HetePeper reserves the right to refuse orders without giving reasons.
3.3. The quotation or proposal shall include a breakdown comprising, amongst other things: a. The price per guest; b. The hourly rates per role; c. An estimate of the number of hours per role required to carry out the services and work requested by the client.
3.4. If HetePeper provides a composite quotation, there is no obligation to carry out part of the quotation at a proportionate part of the price quoted for the whole.
3.5. Obvious errors or mistakes in quotations or proposals from HetePeper are not binding on HetePeper.
3.6. The client guarantees the accuracy and completeness of the quantities, requirements, specifications and other details provided to HetePeper by or on behalf of the client, on which HetePeper bases its quotation. If the details provided by the client are incorrect or incomplete, this may affect the price.
3.7. The total remuneration for the supplies and performance of the work is based on a post-event calculation and is calculated by multiplying the price per guest by the number of guests, subject to Article 6.4 where applicable, and the staff costs (staff hourly rates multiplied by the number of hours worked). The quotation provided is an estimate and no rights may be derived from it.
Article 4. Formation of the contract
4.1. The contract is concluded at the moment the client expressly accepts HetePeper’s quotation or proposal by telephone, email or by any other means.
4.2. Once the agreement has been concluded, HetePeper will send the client a confirmation by email.
4.1. The contract is concluded at the moment the client expressly accepts HetePeper’s quotation or proposal by telephone, email or by any other means.
4.2. Once the agreement has been concluded, HetePeper will send the client a confirmation by email.
Article 5. Amendments
5.1. Amendments to the agreement must be agreed upon by both parties in writing or by email.
5.1. Amendments to the agreement must be agreed upon by both parties in writing or by email.
Article 6. Number of guests
6.1. The calculation is based on the number of guests as agreed in the contract. Should there be a change in the number of guests, this will affect the price calculation for the contract. In addition to the costs of food & beverage [i.e. culinary and drinks], factors such as staffing requirements and necessary materials are also calculated based on the number of guests as stated in the quotation, contract or order confirmation. The client is obliged to inform HetePeper as soon as possible should any changes or additions arise that deviate from the quotation or contract. If the change occurs at the quotation stage, HetePeper will endeavour to find the most suitable solution. Once the contract has been concluded, the minimum number of guests is fixed.
6.2. A reduction in the agreed number of guests, with a corresponding adjustment to the costs, is possible up to 10 working days before the start of the event, subject to a maximum of 5% of the agreed number of guests.
6.3. If more guests attend the event than the agreed number, the price per person will also be charged for these additional guests.
6.4. If the reduction in the number of guests exceeds 5%, HetePeper is entitled to adjust the prices in accordance with the following schedule:
6.1. The calculation is based on the number of guests as agreed in the contract. Should there be a change in the number of guests, this will affect the price calculation for the contract. In addition to the costs of food & beverage [i.e. culinary and drinks], factors such as staffing requirements and necessary materials are also calculated based on the number of guests as stated in the quotation, contract or order confirmation. The client is obliged to inform HetePeper as soon as possible should any changes or additions arise that deviate from the quotation or contract. If the change occurs at the quotation stage, HetePeper will endeavour to find the most suitable solution. Once the contract has been concluded, the minimum number of guests is fixed.
6.2. A reduction in the agreed number of guests, with a corresponding adjustment to the costs, is possible up to 10 working days before the start of the event, subject to a maximum of 5% of the agreed number of guests.
6.3. If more guests attend the event than the agreed number, the price per person will also be charged for these additional guests.
6.4. If the reduction in the number of guests exceeds 5%, HetePeper is entitled to adjust the prices in accordance with the following schedule:
Reduction in the number of guests Increase in the price per person:
a. 5% or less 0%
b. 5% or more and less than 10% 5%
c. 10% or more and less than 15% 10%
d. 15% or more and less than 20% 12%
e. 20% or more and less than 25% 15% f. 25% or more and less than 30% %f
g. 30% or more 20%
a. 5% or less 0%
b. 5% or more and less than 10% 5%
c. 10% or more and less than 15% 10%
d. 15% or more and less than 20% 12%
e. 20% or more and less than 25% 15% f. 25% or more and less than 30% %f
g. 30% or more 20%
6.5. If the client reduces the number of guests with less than 10 working days’ notice, this will be
regarded as a partial cancellation, and Article 10 of
shall apply to the cancelled portion.
regarded as a partial cancellation, and Article 10 of
shall apply to the cancelled portion.
Article 7. Copyright
7.1. All images, drawings, ideas and data are intended solely for use within the scope of the order to be placed or already placed and may not be used by the client for any other purposes, nor disclosed to any third party. All rights thereto remain vested in HetePeper.
7.2. The documents referred to in 7.1 remain the property of HetePeper. HetePeper therefore reserves the right to reclaim those documents.
7.1. All images, drawings, ideas and data are intended solely for use within the scope of the order to be placed or already placed and may not be used by the client for any other purposes, nor disclosed to any third party. All rights thereto remain vested in HetePeper.
7.2. The documents referred to in 7.1 remain the property of HetePeper. HetePeper therefore reserves the right to reclaim those documents.
Article 8. Prices and additional costs
8.1. Prices quoted are in euros.
8.2. All prices are exclusive of VAT.
8.3. For clients who are private individuals, the prices quoted include VAT.
8.4. HetePeper is entitled to charge the client additional costs if:
a. The agreement is amended or extended at the client’s request;
b. Unforeseen circumstances arise which are not attributable to HetePeperen and which result in additional costs;
c. Cost factors increase;
8.5. A price increase as referred to in clause 8.4 entitles the client, being a private individual, to revise the agreement in consultation with HetePeper, unless the circumstances leading to the additional costs are attributable to the client.
8.1. Prices quoted are in euros.
8.2. All prices are exclusive of VAT.
8.3. For clients who are private individuals, the prices quoted include VAT.
8.4. HetePeper is entitled to charge the client additional costs if:
a. The agreement is amended or extended at the client’s request;
b. Unforeseen circumstances arise which are not attributable to HetePeperen and which result in additional costs;
c. Cost factors increase;
8.5. A price increase as referred to in clause 8.4 entitles the client, being a private individual, to revise the agreement in consultation with HetePeper, unless the circumstances leading to the additional costs are attributable to the client.
Article 9. Payments
9.1. Payments must be made within 14 days of the invoice date, unless otherwise stated in
the quotation or proposal.
9.2. The client is obliged to:
a. pay 70% of the quotation as a deposit upon the conclusion of the agreement;
;
b. The total fee for the supplies and work shall be invoiced by HetePeper
invoiced as a final statement following the performance of the agreement
after offsetting the aforementioned deposit.
9.3. HetePeper shall send an invoice to the client in good time for each payment instalment.
9.4. The final statement shall provide a detailed breakdown of the services rendered and of
a breakdown of services to be invoiced on a cost-recovery basis, as well as a breakdown of the
VAT
9.5. If a deposit has not been received on time, HetePeper is entitled to
with immediate effect and to refuse to carry out the order any further, without being in default
. This shall be deemed a cancellation by the client and Article 10.1 shall apply
.
9.6. If the client has not paid in full within 14 days of the invoice date, then
the client shall, without notice of default, be in default with effect from the date on which the
payment deadline has expired, until the date of payment to HetePeper of the
outstanding amount, the client shall owe HetePeper statutory (commercial) interest.
9.7. In the event that the client is in default of its payment obligations or other
obligations, the client shall be liable to reimburse all costs that
HetePeper must incur in order to obtain satisfaction out of court, hereinafter referred to as
‘collection costs’. These collection costs are set at a minimum of 15% of the principal sum, with
a minimum of €120. In addition, the client shall bear the costs of any legal
measures to secure payment, should HetePeper
. For clients who are private individuals, the extrajudicial
collection costs are determined in accordance with the Collection Costs Act.
9.8. If, in HetePeper’s opinion, the client’s creditworthiness
gives cause to do so, HetePeper is entitled to require the client to
provide security in the form of a bank guarantee for the payment of future instalments.
9.9. The client is not entitled to set off any amounts.
9.10. Any disputes between HetePeper and the client arising from complaints made by the
client, or on any other grounds, shall not entitle the client
the right to suspend its payment obligations, unless it has been expressly authorised to do so by the competent
court.
9.1. Payments must be made within 14 days of the invoice date, unless otherwise stated in
the quotation or proposal.
9.2. The client is obliged to:
a. pay 70% of the quotation as a deposit upon the conclusion of the agreement;
;
b. The total fee for the supplies and work shall be invoiced by HetePeper
invoiced as a final statement following the performance of the agreement
after offsetting the aforementioned deposit.
9.3. HetePeper shall send an invoice to the client in good time for each payment instalment.
9.4. The final statement shall provide a detailed breakdown of the services rendered and of
a breakdown of services to be invoiced on a cost-recovery basis, as well as a breakdown of the
VAT
9.5. If a deposit has not been received on time, HetePeper is entitled to
with immediate effect and to refuse to carry out the order any further, without being in default
. This shall be deemed a cancellation by the client and Article 10.1 shall apply
.
9.6. If the client has not paid in full within 14 days of the invoice date, then
the client shall, without notice of default, be in default with effect from the date on which the
payment deadline has expired, until the date of payment to HetePeper of the
outstanding amount, the client shall owe HetePeper statutory (commercial) interest.
9.7. In the event that the client is in default of its payment obligations or other
obligations, the client shall be liable to reimburse all costs that
HetePeper must incur in order to obtain satisfaction out of court, hereinafter referred to as
‘collection costs’. These collection costs are set at a minimum of 15% of the principal sum, with
a minimum of €120. In addition, the client shall bear the costs of any legal
measures to secure payment, should HetePeper
. For clients who are private individuals, the extrajudicial
collection costs are determined in accordance with the Collection Costs Act.
9.8. If, in HetePeper’s opinion, the client’s creditworthiness
gives cause to do so, HetePeper is entitled to require the client to
provide security in the form of a bank guarantee for the payment of future instalments.
9.9. The client is not entitled to set off any amounts.
9.10. Any disputes between HetePeper and the client arising from complaints made by the
client, or on any other grounds, shall not entitle the client
the right to suspend its payment obligations, unless it has been expressly authorised to do so by the competent
court.
Article 10. Cancellation
10.1. If the client cancels the agreement, the client shall owe cancellation fees to HetePeper. The cancellation fees amount to:
a. In the event of cancellation more than 60 days before the (first) day of performance: 25% of the total quotation;
b. In the event of cancellation 60 days or less, but 30 days or more, before the (first) day of performance: 50% of the total quotation;
c. In the event of cancellation less than 30 days before the (first) day of the service: 100% of the total quote.
10.2. Cancellation must be made in writing or by email. The amount of the cancellation fee will be calculated based on the day following the date on which HetePeper receives the cancellation.
10.3. If the contract is cancelled in part, the cancellation fees will be calculated on the basis of the value of the part of the contract that has been cancelled.
10.4. HetePeper is entitled to set off the cancellation costs against the deposit paid by the client.
10.5. HetePeper reserves the right to cancel orders that subsequently prove to be in breach of government regulations, or of standards, values and good taste generally accepted in society, even if the order has already been confirmed and/or work has commenced. This also applies in the event of cancellation by the client, and clause 10.1 applies mutatis mutandis.
10.1. If the client cancels the agreement, the client shall owe cancellation fees to HetePeper. The cancellation fees amount to:
a. In the event of cancellation more than 60 days before the (first) day of performance: 25% of the total quotation;
b. In the event of cancellation 60 days or less, but 30 days or more, before the (first) day of performance: 50% of the total quotation;
c. In the event of cancellation less than 30 days before the (first) day of the service: 100% of the total quote.
10.2. Cancellation must be made in writing or by email. The amount of the cancellation fee will be calculated based on the day following the date on which HetePeper receives the cancellation.
10.3. If the contract is cancelled in part, the cancellation fees will be calculated on the basis of the value of the part of the contract that has been cancelled.
10.4. HetePeper is entitled to set off the cancellation costs against the deposit paid by the client.
10.5. HetePeper reserves the right to cancel orders that subsequently prove to be in breach of government regulations, or of standards, values and good taste generally accepted in society, even if the order has already been confirmed and/or work has commenced. This also applies in the event of cancellation by the client, and clause 10.1 applies mutatis mutandis.
Article 11. Performance of the contract
11.1. HetePeper is entitled to engage third parties in the performance of the contract without notifying the client. Article 7:404 of the Dutch Civil Code does not apply to this contract.
11.2. HetePeper shall endeavour to use the agreed ingredients as far as possible. It is possible, for example due to force majeure (see Article 16.1) and/or due to an unexpected increase in the purchase price, that HetePeper may be unable to supply these ingredients or that HetePeper cannot reasonably be expected to supply them. In such a case, the client will be notified and HetePeper will provide an alternative. Such a change to the ingredients used does not entitle the client to cancel the agreement free of charge, nor to a discount or any other form of compensation.
11.1. HetePeper is entitled to engage third parties in the performance of the contract without notifying the client. Article 7:404 of the Dutch Civil Code does not apply to this contract.
11.2. HetePeper shall endeavour to use the agreed ingredients as far as possible. It is possible, for example due to force majeure (see Article 16.1) and/or due to an unexpected increase in the purchase price, that HetePeper may be unable to supply these ingredients or that HetePeper cannot reasonably be expected to supply them. In such a case, the client will be notified and HetePeper will provide an alternative. Such a change to the ingredients used does not entitle the client to cancel the agreement free of charge, nor to a discount or any other form of compensation.
Article 12. Obligations of the client
12.1. The client shall ensure that all items, data, facilities and/or premises,
which HetePeper indicates are necessary or which the client
should reasonably understand to be necessary for the performance of the
contract, must be provided to HetePeper or made available to HetePeper in good time.
12.2. Any specific requirements the client may have regarding the meals to be supplied,
for example, relating to guests’ allergies and/or dietary requirements, must be communicated to
client to HetePeper well in advance.
12.3. The client is obliged to inform HetePeper without delay of any facts and
circumstances that may be relevant to the performance of the contract
.
12.4. The client undertakes to ensure in good time that the work which
do not form part of the contract with HetePeper are carried out in accordance with HetePeper’s requirements and so
in good time so that the delivery and installation of the necessary equipment and goods do not
delays, that access to the premises where HetePeper operates
is unimpeded and that, in general, work on site can proceed smoothly and without disruption
.
12.5. The client and their guests must treat HetePeper’s staff with respect
.
12.6. The client shall allow HetePeper to carry out its work in accordance with the statutory regulations
in the areas of hygiene, health and safety, and the environment. HetePeper may, if requested,
provide the client with a HAM checklist.
12.1. The client shall ensure that all items, data, facilities and/or premises,
which HetePeper indicates are necessary or which the client
should reasonably understand to be necessary for the performance of the
contract, must be provided to HetePeper or made available to HetePeper in good time.
12.2. Any specific requirements the client may have regarding the meals to be supplied,
for example, relating to guests’ allergies and/or dietary requirements, must be communicated to
client to HetePeper well in advance.
12.3. The client is obliged to inform HetePeper without delay of any facts and
circumstances that may be relevant to the performance of the contract
.
12.4. The client undertakes to ensure in good time that the work which
do not form part of the contract with HetePeper are carried out in accordance with HetePeper’s requirements and so
in good time so that the delivery and installation of the necessary equipment and goods do not
delays, that access to the premises where HetePeper operates
is unimpeded and that, in general, work on site can proceed smoothly and without disruption
.
12.5. The client and their guests must treat HetePeper’s staff with respect
.
12.6. The client shall allow HetePeper to carry out its work in accordance with the statutory regulations
in the areas of hygiene, health and safety, and the environment. HetePeper may, if requested,
provide the client with a HAM checklist.
Article 13. Transport and delivery
13.1. Unless otherwise agreed, the choice of transport rests with HetePeper. The client is obliged to take all necessary measures to ensure the goods are unloaded promptly. HetePeper is not responsible for the manner in which the client stores the goods. If the client has failed to take timely measures to take delivery of the goods, HetePeper is entitled to unload and store these goods at the client’s expense and risk, whereby HetePeper shall have fulfilled its obligation to deliver. HetePeper reserves the right to deliver the goods in instalments.
13.1. Unless otherwise agreed, the choice of transport rests with HetePeper. The client is obliged to take all necessary measures to ensure the goods are unloaded promptly. HetePeper is not responsible for the manner in which the client stores the goods. If the client has failed to take timely measures to take delivery of the goods, HetePeper is entitled to unload and store these goods at the client’s expense and risk, whereby HetePeper shall have fulfilled its obligation to deliver. HetePeper reserves the right to deliver the goods in instalments.
Article 14. Advertising
14.1. The client is obliged, during the performance of the assignment, to check whether the performance of the assignment complies with what the parties have agreed.
14.2. Complaints may only be made in writing or by email, stating the reasons, within 5 working days of the completion of the assignment.
14.3. The client must report any complaints regarding the quality of food and/or drink to HetePeper immediately upon discovering a defect, so that HetePeper has the opportunity to (or have it checked) and, if possible, to rectify it.
14.4. A demonstrable defect in any part of the execution of the contract does not entitle the client to reject the entire service provided.
14.5. Where the complaint relates to an invoice received, this must be brought to HetePeper’s attention in writing or by email within 8 days of the invoice date.Complaints received by HetePeper after the expiry of the aforementioned 8-day period need not be considered by HetePeper. The client shall be deemed to have accepted the invoice sent to them upon the expiry of the aforementioned 8-day period.
14.1. The client is obliged, during the performance of the assignment, to check whether the performance of the assignment complies with what the parties have agreed.
14.2. Complaints may only be made in writing or by email, stating the reasons, within 5 working days of the completion of the assignment.
14.3. The client must report any complaints regarding the quality of food and/or drink to HetePeper immediately upon discovering a defect, so that HetePeper has the opportunity to (or have it checked) and, if possible, to rectify it.
14.4. A demonstrable defect in any part of the execution of the contract does not entitle the client to reject the entire service provided.
14.5. Where the complaint relates to an invoice received, this must be brought to HetePeper’s attention in writing or by email within 8 days of the invoice date.Complaints received by HetePeper after the expiry of the aforementioned 8-day period need not be considered by HetePeper. The client shall be deemed to have accepted the invoice sent to them upon the expiry of the aforementioned 8-day period.
Article 15. Liability and limitation period
15.1. HetePeper cannot be held liable for any damage that is a direct or
indirect consequence of:
a. An event which is, in fact, beyond its control and which cannot therefore be
, as described, amongst other things, in Article 16 of these general
terms and conditions;
b. Any act or omission on the part of the client, their subordinates, or other
persons employed by or on behalf of the client.
15.2. The client is responsible under all circumstances for the accuracy and
completeness of the data supplied by them. HetePeper shall never be liable
for any damage caused (in part) by the fact that the information provided by the client
data provided by the client is incorrect and/or incomplete, or as a result of following the
client. The client shall indemnify HetePeper against all
claims in this regard.
15.3. HetePeper shall at no time be liable for any damage whatsoever suffered by the
client and/or the guests and/or third parties, unless the damage is the direct result of wilful misconduct
or wilful recklessness on the part of HetePeper.
15.4. Guests must check for themselves whether the food and drink supplied contain ingredients
to which they are allergic. Allergen information is available on request. HetePeper
cannot under any circumstances be held liable for an allergic reaction resulting from the
consumption of food and drink supplied by HetePeper.
15.5. The client shall at all times be regarded as the owner, tenant or user of the premises
where the event takes place, even if the tenancy was arranged through the mediation of
HetePeper. HetePeper cannot be held liable for
defects in these premises. If the assignment is to be carried out in premises made available by third parties
, HetePeper shall not be liable in any way if the
premises in question are not actually made available by the third parties concerned
.15.6. When erecting flagpoles or installing necessary fixings for hired
equipment and marquees, which is carried out on the instructions and/or with the consent
from the client, HetePeper accepts no liability whatsoever for any
damage that may arise.
15.7. HetePeper shall not be liable for the loss or theft of property belonging to the
client and/or the guests at the venue where the event takes place.
15.8. HetePeper’s liability for indirect damage, including but not
limited to consequential loss, loss of profit, lost savings, damage to reputation,
environmental damage, fines imposed, labour costs and damage resulting from business interruption are
excluded.
15.9. Should HetePeper be liable for any damage whatsoever, such liability
of HetePeper shall be limited to the amount of the
payout. If, in any case, the insurer does not make a payout or the damage is not
covered by the insurance, HetePeper’s liability shall be limited to
no more than the amount paid by the client for the work to which the
liability relates.
15.10. Any claims and other rights of the client, on whatever grounds,
against HetePeper shall in any event lapse upon the expiry of one year from the moment
on which an event occurs whereby the client may exercise these rights and/or powers
against HetePeper.
15.11. If the client has made goods and/or materials and/or facilities available to HetePeper for the purpose of
carrying out the work, and these
goods and/or materials and/or facilities are not suitable for the purpose for which they
made available to HetePeper, the client shall be liable for all
damage arising therefrom.
15.12. The client shall be liable for any loss or damage incurred by HetePeper and/or any third party
and/or may arise as a direct and/or indirect consequence of a breach of contract and/or unlawful
actions of the client and/or the guests, as well as for damage caused
by any animal and/or any substance and/or any item of which the client and/or the guests
own and/or which are under their supervision.
15.13. If an instruction is given by two or more principals, whether natural persons or
legal entities, these parties shall each be jointly and severally liable for the
full performance of the client’s obligations arising from the agreement
.
15.1. HetePeper cannot be held liable for any damage that is a direct or
indirect consequence of:
a. An event which is, in fact, beyond its control and which cannot therefore be
, as described, amongst other things, in Article 16 of these general
terms and conditions;
b. Any act or omission on the part of the client, their subordinates, or other
persons employed by or on behalf of the client.
15.2. The client is responsible under all circumstances for the accuracy and
completeness of the data supplied by them. HetePeper shall never be liable
for any damage caused (in part) by the fact that the information provided by the client
data provided by the client is incorrect and/or incomplete, or as a result of following the
client. The client shall indemnify HetePeper against all
claims in this regard.
15.3. HetePeper shall at no time be liable for any damage whatsoever suffered by the
client and/or the guests and/or third parties, unless the damage is the direct result of wilful misconduct
or wilful recklessness on the part of HetePeper.
15.4. Guests must check for themselves whether the food and drink supplied contain ingredients
to which they are allergic. Allergen information is available on request. HetePeper
cannot under any circumstances be held liable for an allergic reaction resulting from the
consumption of food and drink supplied by HetePeper.
15.5. The client shall at all times be regarded as the owner, tenant or user of the premises
where the event takes place, even if the tenancy was arranged through the mediation of
HetePeper. HetePeper cannot be held liable for
defects in these premises. If the assignment is to be carried out in premises made available by third parties
, HetePeper shall not be liable in any way if the
premises in question are not actually made available by the third parties concerned
.15.6. When erecting flagpoles or installing necessary fixings for hired
equipment and marquees, which is carried out on the instructions and/or with the consent
from the client, HetePeper accepts no liability whatsoever for any
damage that may arise.
15.7. HetePeper shall not be liable for the loss or theft of property belonging to the
client and/or the guests at the venue where the event takes place.
15.8. HetePeper’s liability for indirect damage, including but not
limited to consequential loss, loss of profit, lost savings, damage to reputation,
environmental damage, fines imposed, labour costs and damage resulting from business interruption are
excluded.
15.9. Should HetePeper be liable for any damage whatsoever, such liability
of HetePeper shall be limited to the amount of the
payout. If, in any case, the insurer does not make a payout or the damage is not
covered by the insurance, HetePeper’s liability shall be limited to
no more than the amount paid by the client for the work to which the
liability relates.
15.10. Any claims and other rights of the client, on whatever grounds,
against HetePeper shall in any event lapse upon the expiry of one year from the moment
on which an event occurs whereby the client may exercise these rights and/or powers
against HetePeper.
15.11. If the client has made goods and/or materials and/or facilities available to HetePeper for the purpose of
carrying out the work, and these
goods and/or materials and/or facilities are not suitable for the purpose for which they
made available to HetePeper, the client shall be liable for all
damage arising therefrom.
15.12. The client shall be liable for any loss or damage incurred by HetePeper and/or any third party
and/or may arise as a direct and/or indirect consequence of a breach of contract and/or unlawful
actions of the client and/or the guests, as well as for damage caused
by any animal and/or any substance and/or any item of which the client and/or the guests
own and/or which are under their supervision.
15.13. If an instruction is given by two or more principals, whether natural persons or
legal entities, these parties shall each be jointly and severally liable for the
full performance of the client’s obligations arising from the agreement
.
Article 16. Force majeure
16.1. Force majeure on the part of HetePeper shall be deemed to include all circumstances beyond HetePeper’s control which prevent the normal performance of the agreement. Force majeure shall in any event be understood to include: delays resulting from unexpected traffic congestion; adverse weather conditions; floods; landslides; terrorism; transport disruptions; traffic jams; accidents; breakdowns whilst travelling; strikes; epidemics; riots, wars or threats of war; loss of or damage to goods during their transport; export and import bans; theft; fire; government measures; internet disruption; power cuts; disruption to email services.
16.2. Force majeure shall also be understood to include any non-attributable failure on the part of HetePeper’s suppliers or third parties engaged by HetePeper.
16.3. In the event of force majeure, the client must allow HetePeper a further 2 months after the agreed delivery date to fulfil its obligations, unless, to the knowledge of the parties, this concerns a strict deadline.
16.4. Exceptional circumstances causing a delay in preparation or situations of force majeure, whether foreseeable or unforeseeable, shall suspend HetePeper’s obligation to deliver for the duration of such circumstances or situations.
16.5. Insofar as, at the time of the occurrence of force majeure, HetePeper has already partially fulfilled its obligations under the agreement or will be able to fulfil them, and the part already fulfilled or to be fulfilled has independent value, HetePeper is entitled to invoice the part already fulfilled or to be fulfilled separately. The client is obliged to pay this invoice as if it were a separate agreement.
16.1. Force majeure on the part of HetePeper shall be deemed to include all circumstances beyond HetePeper’s control which prevent the normal performance of the agreement. Force majeure shall in any event be understood to include: delays resulting from unexpected traffic congestion; adverse weather conditions; floods; landslides; terrorism; transport disruptions; traffic jams; accidents; breakdowns whilst travelling; strikes; epidemics; riots, wars or threats of war; loss of or damage to goods during their transport; export and import bans; theft; fire; government measures; internet disruption; power cuts; disruption to email services.
16.2. Force majeure shall also be understood to include any non-attributable failure on the part of HetePeper’s suppliers or third parties engaged by HetePeper.
16.3. In the event of force majeure, the client must allow HetePeper a further 2 months after the agreed delivery date to fulfil its obligations, unless, to the knowledge of the parties, this concerns a strict deadline.
16.4. Exceptional circumstances causing a delay in preparation or situations of force majeure, whether foreseeable or unforeseeable, shall suspend HetePeper’s obligation to deliver for the duration of such circumstances or situations.
16.5. Insofar as, at the time of the occurrence of force majeure, HetePeper has already partially fulfilled its obligations under the agreement or will be able to fulfil them, and the part already fulfilled or to be fulfilled has independent value, HetePeper is entitled to invoice the part already fulfilled or to be fulfilled separately. The client is obliged to pay this invoice as if it were a separate agreement.
Article 17. Suspension and termination
17.1. HetePeper is entitled to suspend the performance of the contract with immediate effect if, after the conclusion of the contract, HetePeper becomes aware of circumstances that give it good reason to fear that the client will not fulfil its obligations arising from the contract or these general terms and conditions.
17.2. HetePeper is entitled to terminate the contract if the client fails to fulfil, or fails to fully fulfil, its obligations under the contract and the client has not complied with a notice of default sent to it. If performance remains impossible, a notice of default need not be issued.
17.3. Furthermore, HetePeper is entitled to terminate the contract if circumstances arise which are of such a nature that performance of the contract is impossible or can no longer be reasonably expected in accordance with the principles of reasonableness and fairness, or if other circumstances arise which are of such a nature thatthe continued performance of the agreement cannot reasonably be expected.
17.4. If the client’s assets are seized, the client applies for a moratorium on payments, is declared bankrupt or otherwise loses free disposal of its assets, or in the event of the cessation or liquidation of the client’s business, HetePeper shall be entitled to suspend the (further) performance of all agreements concluded with the client, or to terminate such agreements in whole or in part, without prejudice to HetePeper’s right to compensation.
17.5. HetePeper shall not be liable for any compensation as a result of the implementation of paragraphs 1, 2, 3 or 4. 17.6. In the event that HetePeper terminates the agreement due to an attributable breach on the part of the client, HetePeper shall be entitled, in accordance with Article 10,1, to charge the client cancellation fees, without prejudice to HetePeper’s right to claim from the client all damages suffered by HetePeper as a result of the breach.
17.1. HetePeper is entitled to suspend the performance of the contract with immediate effect if, after the conclusion of the contract, HetePeper becomes aware of circumstances that give it good reason to fear that the client will not fulfil its obligations arising from the contract or these general terms and conditions.
17.2. HetePeper is entitled to terminate the contract if the client fails to fulfil, or fails to fully fulfil, its obligations under the contract and the client has not complied with a notice of default sent to it. If performance remains impossible, a notice of default need not be issued.
17.3. Furthermore, HetePeper is entitled to terminate the contract if circumstances arise which are of such a nature that performance of the contract is impossible or can no longer be reasonably expected in accordance with the principles of reasonableness and fairness, or if other circumstances arise which are of such a nature thatthe continued performance of the agreement cannot reasonably be expected.
17.4. If the client’s assets are seized, the client applies for a moratorium on payments, is declared bankrupt or otherwise loses free disposal of its assets, or in the event of the cessation or liquidation of the client’s business, HetePeper shall be entitled to suspend the (further) performance of all agreements concluded with the client, or to terminate such agreements in whole or in part, without prejudice to HetePeper’s right to compensation.
17.5. HetePeper shall not be liable for any compensation as a result of the implementation of paragraphs 1, 2, 3 or 4. 17.6. In the event that HetePeper terminates the agreement due to an attributable breach on the part of the client, HetePeper shall be entitled, in accordance with Article 10,1, to charge the client cancellation fees, without prejudice to HetePeper’s right to claim from the client all damages suffered by HetePeper as a result of the breach.
Article 18. Confidentiality
18.1. Both parties are obliged to maintain the confidentiality of all confidential information which they have obtained from each other or from other sources within the framework of their agreement. Information shall be deemed confidential if this has been communicated by the other party or if this arises from the nature of the information. The party receiving confidential information shall use it solely for the purpose for which it was provided.
18.1. Both parties are obliged to maintain the confidentiality of all confidential information which they have obtained from each other or from other sources within the framework of their agreement. Information shall be deemed confidential if this has been communicated by the other party or if this arises from the nature of the information. The party receiving confidential information shall use it solely for the purpose for which it was provided.
Article 19. Applicable law and competent court
19.1. All agreements concluded between HetePeper and the client shall be governed exclusively by Dutch law. 19.2. In the event of any discrepancy between the Dutch text and any foreign translations thereof, the interpretation in accordance with the Dutch text shall be binding. 19.3. All disputes arising from agreements between the client and HetePeper shall be submitted to the competent court in the judicial district where HetePeper is established. If the client is a private individual, they shall have one month from the date on which HetePeper invokes this clause in writing against the client to choose the court with jurisdiction under the law to settle the dispute.
19.1. All agreements concluded between HetePeper and the client shall be governed exclusively by Dutch law. 19.2. In the event of any discrepancy between the Dutch text and any foreign translations thereof, the interpretation in accordance with the Dutch text shall be binding. 19.3. All disputes arising from agreements between the client and HetePeper shall be submitted to the competent court in the judicial district where HetePeper is established. If the client is a private individual, they shall have one month from the date on which HetePeper invokes this clause in writing against the client to choose the court with jurisdiction under the law to settle the dispute.
2021
All rights reserved ©Hete Peper
All rights reserved ©Hete Peper