General conditions
Article 1 Definitions
McKili Catering & Events B.V.: A quality-conscious party caterer with the goal of improving and ensuring the designated as McKili Catering & Events B.V.
Contractor: The natural or legal person or company that makes its business of providing services for meetings is of McKili Catering & Events B.V.
Client: The natural or legal person or company that has entered into an agreement with the Contractor.
Agreement / Order Confirmation: An agreement or order confirmation between the client and the contractor regarding one or more services to be provided by the contractor.
services at a price to be paid by the client.
Cancellation: The communication made in written form by the customer that one or more agreed services will not be used in whole or in part, or the communication made in written form by the contractor that one or more agreed services will not be provided in whole or in part.
Days: Days means calendar days.
Working Days: Working days means all days except Saturdays, Sundays and generally recognized holidays.
AVO: General terms and conditions McKili Catering & Events B.V.
Article 2 Applicability
2.1 The GTC shall apply to all contracts concluded by the Contractor with the Client and to all offers made by the Contractor to conclude a contract. Other general terms and conditions shall not apply thereto, unless expressly agreed otherwise in writing. If other general terms and conditions apply in addition to the GTC, the GTC shall prevail in case of conflict.
2.2 Deviations from the GTC are possible only in writing and on a case-by-case basis.
2.3 Once the GTC have been validly declared applicable to a contract, the latest version of the GTC shall be deemed applicable to all subsequent contracts between the same parties
Article 3 Offers
3.1 All offers made by or on behalf of the contractor shall be valid for 14 working days unless otherwise stated and/or unless the contractor withdraws the offer within that period. After this period, any options will expire and the contractor may use the reserved capacity for other requests.
3.2 An assignment or order issued by the Client shall be binding on the Client. The contractor will send an order confirmation to the client. If the Client does not object to the description of the order contained in an order confirmation within 5 working days of its dispatch, the order confirmation will be deemed to reflect the agreement correctly and in full.
3.3 In any case, the Contractor shall not be bound until its written offer has been accepted in good time and a two-sided signed order confirmation is present with the Client and the Contractor. The risk of ambiguities due to orders and communications given orally or by telephone shall be borne by the customer.
Article 4 Guest number
4.1 The cost estimate is based on the number of guests as agreed in the agreement. If there is a change in the number of guests, this will affect the price calculation of the agreement. In addition to the cost of food & beverage [i.e. culinary and beverages], factors such as staffing and materials needed are calculated on the number of guests as stated in the offer or agreement. The client is obliged to inform the contractor as soon as possible as soon as changes or additions arise that deviate from quotation or agreement. If the change occurs at the offer stage, the contractor will make every effort to find the most suitable solution. Once the order is definitively established in an agreement the client has signed for a minimum number of guests.
4.2 Reduction of the agreed guest number with settlement of costs is possible up to 7 working days before the start of the event up to a maximum of 5% of the agreed guest number.
4.3 If more guests appear on the day of performance than the agreed number, the related costs will be charged extra on the basis of the data stated in the offer or agreement.
4.4 If the reduction in the number of guests exceeds 5% then the contractor is entitled to adjust the prices according to the following schedule:
Reduction in number of guests Increase package or F & B Price
0 -5 % 0 %
5 – 10 % 5 %
10 – 15 % 10 %
15 – 20 % 12 %
20 – 25 % 15 %
25 – 30 % 17.5 %
30 % or more 20
4.5 Assignments are accepted on the basis of post-calculation drink consumption and personnel costs unless expressly agreed otherwise in the agreement.
Article 5 Image rights and drawings
5.1 All images, drawings, ideas and data processed in an offer or confirmation of order, or attached thereto, are to be used exclusively in the context of the order to be issued or provided and may not be used by the client for other purposes, nor provided to any third party. All rights thereto shall remain vested in the contractor.
5.2 The documents referred to in 5.1 shall remain the property of the Contractor. The Contractor therefore reserves the right to reclaim those records.
Article 6 Prizes
6.1 All prices are exclusive of V.A.T. All other levies imposed by the government shall also be borne by the client. Contractor will announce these in advance as much as possible. Contractor shall be entitled to pass on to Contractor any government-imposed increases in taxes, excise duties or social security charges.
6.2 If the contractor provides a composite quotation, there shall be no obligation to perform part of the quotation at a corresponding portion of the price quoted for the whole.
6.3 If one or more cost price factors undergo an increase after the agreement has been concluded, the contractor shall be entitled to pass on these increases to the client by written notice.
6.4 A price increase as referred to in 6.3 gives the client the authority to revise the agreement in consultation with the contractor.
Article 7 Payments
7.1 Payments shall be made 14 business days after the invoice date, unless otherwise stated in the quotation.
7.2 Client is obliged to pay:
-25% of the agreed order value as a down payment at the conclusion of the agreement.
– 85% of the agreed order value shall be paid by the Client in advance no later than 10 days prior to the execution of the agreement
– The remainder of the agreed order value shall be invoiced by the Contractor as a final account immediately following the execution of the agreement, taking into account the aforementioned advance payments
– For each of the payment moments, the Contractor shall send an invoice to the Client in a timely manner
– The final account shall provide a precise specification of the services rendered and a specification of the services to be invoiced on subsequent calculation as well as a specification of the V.A.T.T.V.
7.3 If a down payment is not received on time, the contractor shall be entitled to cancel the order immediately and refuse further execution of the order without being in default. This shall be regarded as a cancellation by the Client, and Article 8.1 shall apply accordingly.
7.4 If the Principal has not paid in full within 14 days of the invoice date, the Principal will owe the Contractor interest of 1.5% per calendar month on the outstanding amount, without any notice of default being required, with effect from the date on which the payment period expires until the date of payment. Part of a month shall be counted as a full month.
7.5 In the event that the Principal fails to fulfil his payment or other obligations, the Principal will be liable for the reimbursement of all costs incurred by the Contractor for the purpose of obtaining extrajudicial satisfaction, hereinafter referred to as “collection costs”. These collection costs will be set at a minimum of 15% of the principal sum, with a minimum of € 120. The mere fact that the Contractor has called in legal assistance will demonstrate the obligation to pay collection costs. In addition, the client will bear the costs of legal measures to obtain satisfaction, if the contractor proceeds to do so.
7.6 If, in the opinion of the Contractor, the Client’s creditworthiness so warrants, the Contractor shall be entitled to require the Client to provide security in the form of a bank guarantee for the payment of future instalments.
7.7 Client is not entitled to invoke set-off.
7.8Eventual disputes between the contractor and the client as a result of complaints made by the client, or on any other account, will not entitle the client to suspend his payment obligations, unless he is expressly authorized to do so by the competent court.
7.9 Follow-up costs for non-payment and collection costs, both judicial and extrajudicial, including those
for legal assistance as well as those which are not liquidated by judgment, shall be borne by the client, the extrajudicial costs being 15% of the contract sum, with a minimum of EUR 350.00 and without prejudice to VAT.
Article 8 Cancellations
8.1 The Client is not authorized to cancel a contract unless at the same time it irrevocably offers to pay the amounts specified below. Any cancellation shall be deemed to include such an offer. Such an offer shall be deemed accepted if the Contractor does not promptly reject the offer.
– In case of cancellation more than 120 days before the (first) day of execution, the client is obliged to pay 50% of the contract sum to the contractor.
– For cancellation 30 days or more prior to said time, the client shall be required to pay 75% of the contract price to the contractor.
– In case of cancellation less than 30 days before said time, Client shall be liable to pay 100% of the contract price to Contractor.
8.2 Cancellation by the customer may only be effected by registered letter. The calculation of the amount payable will be based on the day on which the written cancellation reaches the Contractor.
8.3 The Contractor reserves the right to cancel assignments that are subsequently found to be in violation of government regulations, or standards, values and good taste generally accepted in society, even if the assignment has already been confirmed and/or a start has been made on execution. This also applies as a cancellation by the client, and article 8.1 applies accordingly.
Article 9 Implementation
9.1 The performance of the agreement between the client and the contractor is based on the nature of the event specified by the client, specified numbers and specified circumstances. If the client’s specification
does not correspond to the actual numbers, circumstances or nature of the event, the Contractor, without prejudice to the provisions of Article 3.3, shall not be liable for any consequences thereof.
9.2 The Client warrants that the Contractor can carry out all necessary preparations at the location in a timely manner under free provision of the necessary facilities such as gas, water and electricity and rooms unless otherwise agreed.
9.3 If the Client fails to strictly comply with any obligation arising for him from an agreement with the Contractor, the Contractor will be entitled to suspend the performance of all obligations towards the Client and to dissolve all agreements with the Client, without notice of default or judicial intervention being required.
required, all this without prejudice to the right to compensation. In that case, all that the client owes the contractor shall be immediately due and payable.
9.4 Unless otherwise stated in the quotation, the Contractor shall be entitled to have certain work within the assignment performed by third parties not employed by the Contractor without notice and without the Client’s consent, if, in the Contractor’s judgment, this will promote the proper and efficient performance of the assignment.
9.5 If the performance of the contract requires the consent of a third party, the Client shall ensure that the consent is obtained in good time at the Client’s expense. The Client shall provide written proof to the Contractor at least one week before the performance of the assignment that the permission has been obtained. Failure to obtain the required consent shall be entirely at the client’s risk.
9.6 The Contractor shall take measures to ensure the confidentiality of all data and information made available to the Contractor. The Contractor shall not disclose such data and information to third parties without the Client’s written consent.
9.7 If the contractor delivers food and drink, without staff, to the client, the client has a two-hour guarantee on the quality of the food from the time of delivery.
9.8 If client and/or guests of client bring food from location, it is at client and/or his guests’ own risk.
9.9 If the client requires the delivery of certain materials and/or the performance of certain parts of the agreement to be
reserved to itself, client shall be liable for non-timely delivery or non-timely performance thereof.
9.10 The Contractor will make use of the Client’s FAFS officers if necessary. Client is therefore responsible for ensuring that sufficient FAFS officers are present at its project site during the party, unless otherwise agreed in writing.
Article 10 Transportation and working conditions
10.1 Unless otherwise agreed, the choice of transport shall be the Contractor’s. The Client is obliged to take all measures for the prompt unloading of the goods. The Contractor is not responsible for the method of storage used by the Principal. If the Client has failed to take timely measures to take delivery of the goods, the Contractor shall be entitled to unload and store these goods at the Client’s expense and risk, thereby fulfilling the Contractor’s obligation to deliver. The contractor reserves the right to deliver the goods in parts.
10.2 The Client undertakes to see to it in a timely manner that the work which is not part of the Contractor’s order is performed to the Contractor’s requirement and in such a timely manner that the delivery and set-up of the necessary inventory and goods are not delayed, that access to the areas in which the Contractor is working is unobstructed and that in general the work on site can proceed properly and without interruption.
10.3 The Client shall allow the Contractor to work in accordance with the statutory regulations on hygiene, occupational health and safety and the environment. The Contractor can provide the Client with a HAM checklist if required.
Article 11 Advertising
11.1 During the execution of the assignment provided, the client is obliged to check whether the execution of the assignment corresponds to what the client wishes.
11.2 Complaints are only possible in writing and with reasons within 5 working days after execution of the order. The starting point for complaints is the offer or agreement agreed between the parties. Obvious printing, writing and/or typing errors, or lack of clarity in offers, agreements and/or prospectuses will not bind the Contractor.
11.3 A demonstrable defect in any part of the performance of the order shall not entitle the client to reject the entire performance delivered.
11.4 The Contractor accepts no responsibility for shortcomings caused or arising through the fault or actions of the Client or third parties, or through external causes.
11.5 If the complaint concerns an invoice received, it must be notified to the contractor by registered letter within 8 days of the invoice date. Complaints that reach the contractor after the expiry of the aforementioned period of 8 days need no longer be dealt with by the contractor. After the expiry of the aforementioned period of 8 days, the client is deemed to have agreed to the invoice sent to him.
Article 12 Liability
12.1 The Contractor shall never be liable for any damage whatsoever suffered by the Client and/or its guests and/or
those accompanying them and/or third parties, unless the damage is the direct result of intent or gross negligence of the assignee.
12.2 Any liability of the Contractor, for whatever reason, will always be limited to a maximum of the agreed price of the order or, if greater, the amount reimbursed in the relevant case by the Contractor’s liability insurer.
12.3 For damages caused by intent or gross negligence of subordinates, the contractor is not directly liable,
but will take responsibility in the damage situation that has arisen to the extent that it can reasonably be required of the Contractor.
12.4 If the ratio of the performance to be delivered to the client to the extent of the client’s
damage suffered gives cause to do so, the damage to be compensated by the contractor shall be mitigated.
12.5 Loss of profits and other indirect damages shall not be eligible for compensation. The Client should take out insurance against such damages, if desired. Should it be established in court that the Contractor is nevertheless responsible for trading losses, paragraphs 1, 2, 3 and 4 of this article shall apply mutatis mutandis.
12.6 The Client shall at all times be regarded as the owner, tenant or user of the space, even if the lease came about through the mediation of the Contractor. The contractor accepts no liability for damage caused to the space by the contractor or others during the period of use, and the client indemnifies the contractor against all third party claims in this regard.
12.7 If flagpoles or necessary anchoring of rental or furnishing materials and tent pavilions are installed on the Client’s instructions and/or with the Client’s permission, the Contractor accepts no liability whatsoever for any damage that may occur.
12.8 The Client shall be liable for all damage that has and/or will occur to the Contractor and/or any third party as a direct and/or indirect result of non-performance and/or wrongful acts of the Client and/or his guests and/or those accompanying them, as well as for the damage caused by any animal and/or any substance and/or any thing of which the Client and/or his guests and/or those accompanying them are holders and/or under their supervision.
12.9 The contractor is not liable for loss or theft of property of the client and/or his guests and/or those accompanying them at the place where the assignment is performed.
12.10 If an order is given by two or more clients, being natural or legal persons, these persons are each jointly and severally liable for the full performance of the client’s obligations under the agreement.
Article 13 Complaints
13.1 The Principal shall report complaints about the quality of food and/or drink products to the Contractor immediately after a discrepancy has been detected, so that the Contractor has the opportunity to check the merits of the complaint or have it checked on the spot and, if possible, to remedy it. The above period applies if the services are performed during normal working hours. If the services are performed outside these normal working hours, notification must be made immediately on the first working day thereafter.
13.2 Any complaints shall only be considered by the Contractor if the Principal notifies the Contractor of the defects immediately upon their discovery and thereafter notifies the Contractor in writing within 5 working days, accurately stating the nature and grounds for the complaints, as well as when and how the defect was discovered.
Article 14 Ownership of goods
All tableware, silverware, tables, chairs, linens and other non-consumptive items provided by the contractor
goods shall remain the property of the Contractor. If goods belonging to the Commissionee are left behind, the Client must report this immediately to the Commissionee and discuss the method of returning the goods in question. Damage to or loss of these goods caused by the client or his guests or staff must be compensated by the client to the contractor at cost price.
Article 15 Force majeure
15.1 Force majeure for the Contractor shall include all circumstances beyond the control of the Contractor which prevent the normal performance of the Agreement. In particular, force majeure also includes delays caused by unexpected traffic jams; such delays and their consequences can never be attributed to the Contractor and shall never be for its account.
15.2 In the event of force majeure, the Principal will have to give the Contractor one month after the agreed date of delivery to comply with its obligations unless, as the parties are aware, it is a firm date.
15.3 Special circumstances causing stagnation in preparation or shipment, be it foreseen or unforeseen, shall suspend the Contractor’s obligation to deliver for the duration of such circumstance.
15.4 If the assignment is to be performed in premises made available by third parties, the Contractor shall not be liable in any way if the premises in question are not actually made available by the relevant third parties.
Article 16 Applicable law
16.1 All agreements concluded between the Contractor and the Client are governed exclusively by Dutch law.
16.2 In the event of a difference in interpretation between the Dutch text and any foreign translations thereof, the interpretation according to the Dutch text shall be binding.
Article 17 Disputes
All disputes relating to or arising from or in connection with the offers made by the contractor and the agreements entered into with the contractor as well as all recoveries due to non-payment, shall be brought exclusively before the absolutely competent court in the place of business of the contractor, unless the contractor chooses to bring the claim before the court of the customer’s place of residence.
