Terms & Conditions
1. Definitions
1.1. General Terms and Conditions: these general terms and conditions
1.2. Vagus Culinary: Vagus Culinary Studio, a one-man business established under Dutch law, registered in the Trade Register of the Chamber of Commerce under number 80889522
1.3. Client: the natural or legal person who enters into an agreement with Vagus Culinary regarding a Cooking Session
1.4. Consumer: a natural person not acting in the exercise of a profession or business
1.5. Cooking session: the service provided by Vagus Culinary to the Client which will consist of, inter alia, composing the menu and cooking food
1.6. Reservation: a reservation for a Cooking Session by the Client
2. Applicability
2.1. The General Terms and Conditions apply to all offers and quotations made by Vagus Culinary to the Client and all agreements, by whatever name, between Vagus Culinary and the Client.
2.2. The General Terms and Conditions also apply to any additional or follow-up orders.
2.3. If one or more provisions of the General Terms and Conditions are wholly or partially void or annulled, the remaining provisions of these General Terms and Conditions will remain valid. In such a case, Vagus Culinary shall be entitled to replace such provision(s) and apply a provision that is admissible.
3. Conclusion of agreement
3.1. Reservations can be placed through the Vagus Culinary website (www.vagusculinary.com).
3.2. Making a Reservation does not mean that the Client has the assurance that Vagus Culinary will be available on the chosen day.
3.3. Vagus Culinary will send an offer to the Client following the Reservation. The offer in the quotation is valid for one week.
3.4. By accepting the offer, Client agrees to the compiled menu.
4. Payments
4.1. The client must pay the price for the Cooking Session to Vagus Culinary within 24 hours of accepting the offer if the day of the Cooking Session takes place within a week of accepting the offer.
4.2. If the quotation is accepted more than a week in advance before the Cooking Session takes place, the Client may pay in two instalments. The first half must be paid within 24 hours of accepting the offer and the second half must be paid no later than 48 hours before the Cooking Session takes place.
4.3. If a Principal fails to pay on time, he shall immediately enter into default without notice of default being required. The Client shall owe statutory commercial interest and extrajudicial collection costs. For a Client not a Consumer, the extrajudicial collection costs are set at 10% of the total amount of the Cooking Session.
4.4. Vagus Culinary reserves the right at all times not to perform the Cooking Session, without being liable for any costs and/or damages whatsoever, if the Client has not paid the price for the Cooking Session on time.
4.5. Travel expenses incurred by Vagus Culinary in connection with the Cooking Session must be paid by the Client.
5. The cooking session
5.1. Vagus Culinary performs the Cooking Session at a location arranged by the Client. Vagus Culinary must have agreed to the venue.
5.2. The Client shall ensure that the location of the Cooking Session has a properly functioning oven, refrigerator, sink, fire extinguisher energy and water. In addition, the location must be clean and safe.
5.3. A Client will indicate any allergies and/or dietary requirements at the time of Reservation. An allergy or dietary requirement communicated 48 hours prior to the Cooking Session may not be able to be taken into account.
5.4. The Client is responsible for cleaning the venue after the Cooking Session.
5.5. A Client who wishes to supply their own food and/or products for use during the Cooking Session may only do so with the consent of Vagus Culinary. If Vagus Culinary consents, the Client must fill in a release form.
6. Tasting
6.1. It is possible to have a tasting prior to booking a Cooking Session.
6.2. A tasting will be held at a location of Vagus Culinary. If a Client wishes the tasting to take place at its premises, additional charges may apply.
6.3. If the tasting takes place at the Client's premises, the Client shall provide a properly functioning oven, refrigerator, sink, fire extinguisher energy and water.
6.4. If the Client decides to book a Cooking Session within 18 months of the tasting, the fee for the Cooking Session will be reduced by the fee paid for the tasting.
7. Amendments to agreement
7.1. Changes that differ from the Reservation will be communicated as soon as possible.
7.2. Changes relating to the Cooking Session (e.g. menu and dietary requirements) shall be communicated by the Client no later than 48 hours before the day of the Cooking Session.
7.3. If a reduction in the number of guests is notified within 72 hours prior to the Cooking Session for a group in the size of 2 to 20 people, the amount paid for these guest(s) will not be refunded by Vagus Culinary to the Client.
7.4. If a reduction in the number of guests is notified within 7 days prior to the Cooking Session for a group of more than 20 people, the amount paid for these guest(s) will not be refunded by Vagus Culinary to the Client.
7.5. If there are more guests coming than passed on at the Reservation, notice must be given no later than 24 hours in advance. Vagus Culinary reserves the option not to accept the multiplication.
7.6. The price for guest multiplication must be paid within 24 hours of Vagus Culinary agreeing to the multiplication.
8. Cancellation agreement
8.1. Should the Client wish to cancel the Cooking Session in full, it must notify Vagus Culinary in writing.
8.2. The following policy applies in case of full cancellation of a Reservation of 2 to 20 people:
- If the cancellation is made more than 7 days before the Cooking Session, there is no cost to the client.
- If the cancellation is made between 3 to 7 days before the Cooking Session, the client is charged 50% of the cost of the Cooking Session.
- If the cancellation is made 3 days or less before the Cooking Session, the client is responsible for the
8.3. The following policy applies in case of full cancellation of a Reservation of 20 to 40 people:
- f the cancellation is made more than 20 days before the Cooking Session, there is no cost to the client.
- If the cancellation is made more than 10 days but less than 20 days before the Cooking Session, the client is charged 50% of the cost of the Cooking Session.
- If the cancellation is made 10 days or less before the Cooking Session, the client is responsible for the full cost of the Cooking Session.
8.4. The following policy applies in case of full cancellation of a Reservation of more than 40 persons:
- If the cancellation is made more than 30 days before the Cooking Session, there is no cost to the client.
- If the cancellation is made more than 15 days but less than 30 days before the Cooking Session, the client is charged 50% of the cost of the Cooking Session.
- If the cancellation is made 15 days or less before the Cooking Session, the client is responsible for the full cost of the Cooking Session.
9. Liability
9.1. Vagus Culinary is not liable for any damage whatsoever, except for damage caused by Vagus Culinary through intent or conscious recklessness towards a Consumer Client.
9.2. Vagus Culinary shall not be liable for any damage resulting from an allergic reaction of which Vagus Culinary has not been notified in writing by the Client.
9.3. Vagus Culinary is not liable for any damage caused by the Client interfering with the Cooking Session (for example: cooking, cutting, lighting the gas burner, etc.).
9.4. Vagus Culinary is not liable for fire damage.
9.5. Vagus Culinary is not liable for consequential damage (damage not directly caused by the damaging event).
9.6. A claim by the Client against Vagus Culinary shall lapse after one year after the event that caused the damage was discovered or should reasonably have been discovered.
9.7. Without prejudice to Article 6:89 of the Dutch Civil Code, any claim of the Client not being a Consumer against Vagus Culinary shall lapse in any event 3 months after the event causing the loss has been discovered or should reasonably have been discovered.
10. Applicable law, competent court
10.1. Any dispute arising between Vagus Culinary and the Client relating to or arising from the Cooking Session shall be governed by Dutch law.
10.2. Disputes arising between Vagus Culinary and the Client in connection with or arising from the Cooking Session will be brought before the competent court in Amsterdam. A Consumer Client has the right to choose the court that has jurisdiction under the law within one month of Vagus Culinary invoking this article in writing.