Terms and Conditions

Article 1. GENERAL

1. These terms and conditions of La Casserole apply to all offers, agreements and services, including the rental of goods named in the agreement at the venue, together with all accessories supplied. The general terms and conditions are provided with every quotation/order confirmation, can be found at www.la-casserole.nl and will be sent again free of charge upon request.
2. Additions or deviations from these terms must be agreed in writing and apply only to the agreement for which they were made.
3. Other general/purchasing terms and conditions, including those of the counterparty, are not accepted by La Casserole unless otherwise agreed in writing and confirmed by La Casserole.
4. The counterparty can never claim, in relation to a reservation or assignment, that they acted on behalf of a third party, unless the counterparty has expressly notified La Casserole of this and La Casserole has accepted the assignment in writing under this condition.

Article 2. OFFERS / QUOTATIONS

1. All offers and price quotations are entirely without obligation and are valid for 7 days after the quotation date, unless otherwise agreed in writing. An offer containing a deadline may nevertheless be revoked by La Casserole, even after receipt of the order, provided this is done within 5 working days of receiving that order.
2. Quantities, weights, dimensions, prices, etc. stated in price lists, on the website, in quotations and other documents are for information purposes only, as are statements regarding qualities. Although the main characteristics of goods and services are described as accurately as possible, they are indicative in nature and are not binding on La Casserole. If a sample, model or image has been shown or provided to the counterparty, it is presumed to have been shown as an indication only, without the item needing to correspond to it, unless it is expressly agreed that the item will conform to it (Article 7:17 et seq. of the Dutch Civil Code).
3. Offers/quotations may be accepted in writing (or electronically). La Casserole is nevertheless entitled to accept a verbal acceptance as if it had been made in writing.
4. A composite price quotation does not oblige La Casserole to carry out part of the assignment at a corresponding part of the stated price.
5. A reservation is made on the basis of information provided by the counterparty. If it later transpires that the counterparty gave an incorrect picture of the actual situation during the reservation, La Casserole is entitled to revoke the reservation.

Article 3. WHEN DOES AN AGREEMENT EXIST?

1. An agreement is only deemed to have been legally concluded after La Casserole has confirmed the order in writing or has commenced execution of the order, which includes among other things the purchase of ingredients for the relevant arrangement or the start/preparation of production for it. An agreement is also concluded once the deposit has been paid by the counterparty. Should the order confirmation not yet have been signed and returned by the counterparty, La Casserole assumes that the order confirmation accurately reflects 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.
2. The calculation of total costs is determined on the basis of a prior estimate and is based on a pre-agreed duration and the minimum number of persons stated in advance. Purchasing is based on the number of persons stated, so if fewer persons attend than stated, no reduction or refund will be given. A post-calculation will be made if more persons are present than stated.
3. La Casserole has the right to terminate the agreement at any time, without judicial intervention, if in its opinion the inventory is not being used carefully by the counterparty or if there is misuse/destruction.

Article 4. EXECUTION OF THE AGREEMENT

1. La Casserole will carry out the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship. Changes in details made by La Casserole during execution may be implemented without consultation and cannot be a reason for the counterparty to fail to meet its obligations. These changes may be of a technical and/or aesthetic nature or may depend on weather conditions and/or safety regulations.
2. La Casserole is entitled, without the counterparty's consent, to outsource the assignment or parts of it to, or have it carried out by, third parties not employed by La Casserole.
3. The counterparty shall ensure that all information which La Casserole indicates is necessary, or which the counterparty should reasonably understand is necessary for the execution of the agreement, is provided to La Casserole in a timely manner.
4. La Casserole will be present at the venue 2 hours before the start of the event. If guests wish to be present at the venue earlier than 2 hours before the start of the event, additional (staffing) costs as well as additional consumption costs will apply.
5. If changes to the execution of the assignment are required after it has been placed, the counterparty must confirm this in writing one month in advance.
6. La Casserole is not obliged to accept and/or store any goods belonging to the counterparty. This means that La Casserole is not responsible and/or liable for damage, loss or theft of any goods belonging to the counterparty that have been accepted and/or stored by La Casserole.
7. La Casserole is not obliged to admit any pets belonging to the counterparty and may attach conditions to their admission. The legal regulation(s) apply to the admission of assistance dogs, including the exceptions stated therein.
8. In the case of catering, the counterparty must, at its own expense and risk, hold the necessary approvals such as permits, exemptions, decisions and insurance against damage and theft.
9. Reusable aids such as pallets, crates, containers, etc. used in transport (catering) remain the property of La Casserole. If the aids are not returned, the counterparty will reimburse the new price with a surcharge of 15%.

Article 5. OBLIGATIONS OF THE COUNTERPARTY

1. The counterparty must pay the deposit by invoice within 8 days of confirming 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 has no further obligation to reserve the chosen date(s) for the counterparty.
2. The counterparty must provide the number of persons in writing no later than seven working days before the reserved date (i.e. the arrangement). The counterparty must also state whether any allergies exist and/or whether persons follow a diet — including any menu choices — which will be taken into account as much as possible.
3. The placing and use of decorations at Kasteel Henkenshage, Auberge Eeckaerde and Het Ketelhuis is permitted with the written consent of La Casserole. The same applies to entertainment. Scatter materials (including confetti, rice, etc.) are not permitted unless explicitly agreed otherwise in writing. The counterparty must provide the contact details of the entertainment in connection with set-up and breakdown times and other conditions.
4. After the arrangement has ended, all items belonging to the counterparty must be taken away, including equipment, materials, etc.
5. For an arrangement at the counterparty's venue, the counterparty must take all weather conditions into account.
6. Sub-letting, re-letting or moving the inventory at the venue is not permitted.
7. The counterparty may not alter the delivered goods/accessories during an arrangement at the venue, nor use them for purposes other than those for which they are suited. If defects and damage are found, these defective/damaged items will be charged to the counterparty at replacement value.
8. The use of fireworks at the venue is not permitted. If this rule is violated, La Casserole will be obliged to terminate the event immediately and report the matter to the police.

Article 6. INSPECTION / TRANSFER OF RISK

1. Items are checked by La Casserole before delivery. In the case of on-site catering, the counterparty is also obliged to inspect the delivered items immediately upon receipt for defects and/or damage. If this inspection does not result in written observations, it will be assumed that the counterparty has received La Casserole's inventory in good condition, and the counterparty will be liable for any damage and/or defects found when the inventory is returned. In the event of damage or defects, the replacement value will be charged.
2. The risk of loss or damage to the items that are the subject of the agreement passes to the counterparty at the moment they are legally and/or physically delivered to the counterparty and thereby placed in the possession of the counterparty or a third party designated by the counterparty.

Article 7. PRICES AND PAYMENT

1. All price quotations and prices charged by La Casserole are the prices applicable at the time of the offer or the conclusion of the agreement, inclusive of VAT, unless otherwise agreed. Additional transport costs may apply for deliveries elsewhere, at the request of the counterparty.
2. If, after the conclusion of the agreement, the prices of materials, taxes and/or other factors that partly determine the price of the goods and/or services change, La Casserole is entitled to pass on these price changes. Price changes of more than 10% give the counterparty the right to dissolve the agreement, provided this is done in writing and within 7 days of receipt of the relevant notice. Such dissolution does not give the counterparty any right to compensation for any damages.
3. Payment must be made within 8 days of the invoice date, unless otherwise agreed in writing.
4. La Casserole reserves the right to require a deposit from the counterparty upon reservation. The agreement only becomes final upon (timely) receipt of the deposit. In the event of late payment of the deposit, La Casserole is entitled to cancel the reservation without being liable for any resulting damage to the counterparty.
5. Without prejudice to its other rights, La Casserole is entitled to charge interest on the outstanding amount of 1% per month or part of a month, calculated from the relevant due date.
6. In the case of a joint assignment, each counterparty 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

La Casserole may prohibit the counterparty from consuming wines brought by themselves. If La Casserole permits the consumption of self-brought wine or food, La Casserole may attach conditions to this permission, including charging a corkage fee and service costs.

Article 9. CANCELLATION OF THE RESERVATION

1. Cancellation must always be made in writing.
2. In the event of cancellation by the counterparty more than 10 months before the reserved date, all costs incurred by La Casserole in connection with the assignment, as well as lost profit, are immediately due and payable, with a minimum of the deposit as compensation, all to be increased where necessary by any damage suffered by La Casserole as a result of the cancellation.
3. In the event of cancellation less than 10 months and more than 8 months before the reserved date, the counterparty owes 25% of the total agreed price/rental.
4. In the event of cancellation less than 8 months and more than 6 months before the reserved date, the counterparty owes 30% of the total agreed price/rental.
5. In the event of cancellation less than 6 months and more than 4 months before the reserved date, the counterparty owes 40% of the total agreed price/rental.
6. In the event of cancellation less than 4 months and more than 2 months before the reserved date, the counterparty owes 50% of the total agreed price/rental.
7. In the event of cancellation less than 2 months and more than 1 month before the reserved date, the counterparty owes 60% of the total agreed price/rental.
8. In the event of cancellation less than 1 month and more than 7 days before the reserved date, the counterparty owes 75% of the total agreed price/rental.
9. In the event of cancellation less than 7 days before the reserved date (or in the event of a No Show), the counterparty owes 100% of the total agreed price/rental.
10. If, upon cancellation of the reserved date, an equivalent reservation is placed, the above clauses lapse and costs will be handled by mutual agreement.

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 and corporate events (www.klap.com/evenementen).

Article 10. COMPLAINTS

1. The counterparty is obliged to report any complaints about the service during the execution of the agreement immediately, so that La Casserole can be given the opportunity to resolve the complaints.
2. Other complaints must be reported by the counterparty to La Casserole within 8 days of completion of the relevant work. After this period, 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 notify the counterparty in writing of its founded or unfounded findings within 18 working days of receipt of the complaint.
3. If a complaint is found to be justified, La Casserole will still carry out the work as agreed, unless this has demonstrably become pointless for the counterparty in the meantime. The latter must be communicated in writing by the counterparty.
4. If it is no longer possible or useful to carry out the agreed work, La Casserole will, at its own discretion, either carry out alternative work or grant a price reduction.
5. Complaints are not possible if:
   • the delivered goods and/or services show 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 improperly;
   • the damage was caused by negligence of the counterparty or because the counterparty acted contrary to instructions, directions and advice from La Casserole;
   • the counterparty has not fulfilled its obligations towards La Casserole (both financially and otherwise).

Article 11. SUSPENSION AND DISSOLUTION

1. La Casserole is entitled to dissolve the agreement with immediate effect, without judicial intervention, in whole or in part, or to suspend its execution, without prejudice to its other rights (to performance and/or compensation), if:
   • the counterparty acts in violation of any provision of the agreement between the parties;
   • there is bankruptcy, (provisional) suspension of payments, guardianship, debt restructuring, shutdown, liquidation or full or partial transfer of the business, or death;
   • the counterparty's business is shut down or liquidated;
   • a private settlement is offered or any asset of the counterparty is attached. La Casserole is then not required to pay compensation to the counterparty and additionally has the right to claim compensation and/or payment itself. If any of these circumstances occur, the counterparty is immediately in default.
2. Furthermore, La Casserole is entitled to have the agreement dissolved if circumstances arise of such a nature that performance of the agreement is impossible — or, by standards of reasonableness and fairness, can no longer be required — or if circumstances otherwise arise of such a nature that unaltered continuation of the agreement cannot reasonably be expected.
3. If the agreement is dissolved, La Casserole's claims against the counterparty are immediately due and payable. If La Casserole suspends performance of the obligations, it retains its rights under law and the agreement.
4. La Casserole always retains the right to claim compensation.

Article 12. LIABILITY

1. The counterparty is liable for all damage (including business damage) caused to the inventory during the arrangement (at the venue), whether or not through the fault of the counterparty and regardless of whether such damage is attributable or not. The counterparty is liable for returning the inventory in the same condition as it was received from La Casserole. After return, the inventory will be inspected. In the event of damage and/or defects, La Casserole will notify the counterparty of its findings regarding damage, depreciation, etc. within 8 days. After receiving this notification, the counterparty has 8 days (excluding Sundays and public holidays) to come and contest the damage assessment at La Casserole. If the counterparty does not respond within this period, La Casserole is authorised to proceed with immediate repair or replacement and to charge the costs thereof to the counterparty, without prejudice to La Casserole's right to claim additional compensation.
2. La Casserole is not liable for damage arising from any failure to fulfil its obligations to the counterparty. Any claim for compensation — on whatever grounds — is excluded, unless there is intent or deliberate recklessness on the part of La Casserole or its senior subordinates.
3. La Casserole accepts no liability for advice provided by or on behalf of it.
4. La Casserole's liability for a professional error causing (direct) damage to the counterparty is limited to a maximum of the amount paid out by La Casserole's insurer in the relevant case. If La Casserole's insurer does not pay out for any reason, or if the damage is not covered by the insurance, liability is limited to a maximum of the invoice value of the assignment, or at least to that part of the assignment to which the liability relates.
5. The counterparty must always give La Casserole the opportunity to handle a complaint; otherwise the liability claim and thus the compensation will lapse.
6. Direct damage is understood to mean exclusively:
   • the reasonable costs of establishing the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions;
   • any reasonable costs incurred to make La Casserole's deficient performance conform to the agreement, unless these cannot be attributed to La Casserole;
   • the reasonable costs incurred to prevent or limit damage, insofar as the counterparty demonstrates that these costs have led to a reduction in direct damage as referred to in these general terms and conditions.
7. La Casserole is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption.
8. The counterparty is obliged to take preventive measures to prevent theft of the rented goods, given that the counterparty has a duty of return which is not lifted, even by coincidence or intervention by third parties.

Article 13. FORCE MAJEURE

1. In the event of force majeure, La Casserole is entitled, without judicial intervention, either to suspend the execution of the agreement for as long as the circumstances constituting force majeure continue, or to dissolve the agreement in whole or in part without being obliged to pay any compensation, penalty or restitution of paid fees.
2. "Force majeure" on the part of La Casserole means: any circumstance which La Casserole could not have taken into account at the time of entering into the agreement and/or as a result of which normal execution of the agreement cannot reasonably be required by the counterparty, including but not limited to: illness at La Casserole, insufficient information from or incorrect information provided by the counterparty, or lack of cooperation by the counterparty, as well as fire, pandemic, flooding, strike, riots, disruptions in transport, mobilisation, war, machine failure, failure of utilities to provide services, and all other circumstances that delay or make execution of the assignment impossible.
3. La Casserole may suspend its obligations under the agreement during the period that the force majeure continues. If this period lasts more than two months, the counterparty may dissolve the agreement without obligation to pay compensation to La Casserole. In the event of a pandemic, the additional conditions below apply.

Article 13a. FORCE MAJEURE IN CASE OF PANDEMIC (Additional conditions in connection with Coronavirus)

1. Should the government prohibit a gathering (i.e. prohibit a party/reception from taking place), the event will be moved at no cost, meaning deposits will also not be refunded. Should the counterparty not wish to reschedule, this will be regarded as a cancellation within the meaning of Article 9.
2. Should a reservation have been placed for a large number of guests after which the government subsequently mandatorily restricts the number of guests, La Casserole must comply with the newly imposed standards and this cannot be held against La Casserole; the party/reception may be organised for the maximum number of guests imposed by the government.
3. Should the counterparty nonetheless wish to reschedule, rescheduling costs of 25% of the total agreed price/rental will be charged. With the exception of what is included in Article 9 of the general terms and conditions, in the event of rescheduling up to 2 weeks before the party/reception, rescheduling costs of 40% of the total reservation value will be charged.
4. In the event of full cancellation, the deposit will not be refunded and Article 9 of the general terms and conditions applies.

Article 14. PROCESSING OF PERSONAL DATA AND PRIVACY POLICY

1. Insofar as personal data is processed in the context of carrying out the work, such personal data will be processed in a proper and careful manner and in accordance with the Personal Data Protection Act and the General Data Protection Regulation.
2. Technical and organisational measures have been taken to protect 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.
3. La Casserole will cooperate with the counterparty or third parties when they submit a request to exercise their rights, including but not limited to the right of access, rectification and erasure, except for information that La Casserole is legally obliged to retain. For example, La Casserole is legally obliged to retain data such as copies of invoices for seven years.
4. The collection of (personal) data of the counterparty, 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:
   • the retrieval or reuse of all 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 non-substantial parts of the contents of the database, insofar as this is contrary to the normal exploitation of the database or causes unjustified harm to the legitimate interests of La Casserole. La Casserole may only retrieve or reuse data from the database if and to the extent permitted under these general terms and conditions.
5. A data breach (a lost USB stick containing personal data, a stolen laptop or a break-in into a database, etc.) that leads to a significant chance of serious adverse consequences or has serious adverse consequences for the protection of personal data will be reported to the Dutch Data Protection Authority's data breach notification desk.

Article 15. PARTIAL INVALIDITY

If one or more provisions of this agreement with the counterparty are not or not fully legally valid, the remaining provisions will remain fully in force. In place of the invalid provisions, an appropriate arrangement will apply that approximates as closely as possible, in a legally effective manner, the intention of the parties and the economic result they sought to achieve.

Article 16. PLACE OF PERFORMANCE, APPLICABLE LAW, COMPETENT COURT

1. The registered office of La Casserole is the place where the counterparty must fulfil its obligations towards La Casserole, unless mandatory provisions prevent this.
2. All offers and agreements of La Casserole are governed exclusively by Dutch law.
3. All disputes arising from the agreement concluded between the counterparty and La Casserole, or from further agreements resulting therefrom, will be settled by the competent court.
4. In the event of interpretation of the content and scope of these general terms and conditions, the Dutch text thereof shall always be decisive.
5. These general terms and conditions were filed with the Chamber of Commerce in January 2022.