1. Definitions

1.1. El Momento | Chamber of Commerce (KVK): 83151583 | VAT: NL003781904B43 | Referred to as «El Momento Catering.»
1.2. Client: Any natural person, legal entity, or company with whom El Momento Catering consults or enters into an agreement.
1.3. General Terms and Conditions: The general terms and conditions used by El Momento Catering.
1.4. Project or Assignment: The work to be performed as agreed with El Momento Catering.
1.5. Agreement:An agreement between the Client and El Momento Catering for the provision of one or more services at a price to be paid by the Client.

2. Applicability

2.1. By concluding the agreement, the Client declares to know and accept these general terms and conditions.
2.2. The applicability of the Client’s general terms and conditions is expressly excluded unless the parties have agreed otherwise in writing. If both parties’ general terms and conditions apply, El Momento Catering’s terms will prevail in case of conflict.
2.3. The Client also unconditionally accepts the applicability of these general terms and conditions for all future agreements and offers.
2.4. All rights and claims as stipulated in these terms and any further agreements for the benefit of El Momento Catering are also stipulated for the benefit of third parties engaged by El Momento Catering for executing the agreement fully or partially.

3. Quotations and Agreements

3.1. All quotations, in whatever form, are without obligation.
3.2. The agreement is concluded by acceptance of the quotation by the Client. Acceptance can be made orally or in writing (including by email). El Momento Catering is not obliged to send a written confirmation of the agreement to the Client. Should an oral agreement arise, the Client will confirm it in writing upon request.
3.3. Changes to the agreement must be sent by email and agreed upon by both parties. Telephone changes must always be confirmed by email by the Client.
3.4. Obvious mistakes or miscommunications in the offer or agreement are not enforceable.

4. Prices

4.1. All prices in quotations and/or cost overviews are exclusive of VAT and other levies, such as location charges, unless expressly stated otherwise.
4.2. Quotations are based on the prices agreed at the time.
4.3. All costs incurred by El Momento Catering regarding the work performed will be charged to the Client on a subsequent calculation basis.
4.4. If one or more cost factors increase between the conclusion of the agreement and the execution of the assignment, El Momento Catering is entitled to pass these increases on to the Client.
4.5. A price increase as referred to in Article 4.4 does not entitle the Client to dissolve the agreement.

5. Invoicing and Payment

5.1. The Client must pay 50% of the total invoice amount upon acceptance of the quotation to secure the requested date. The remaining 50% must be paid before the invoice’s due date (typically 7 days before the event date).
5.2. Payment must be made within 14 days of the invoice date unless otherwise agreed upon.
5.3. If the down payment is not received on time or in full, El Momento Catering has the right to suspend its obligations or dissolve the agreement without judicial intervention and notice of default (without the Client being entitled to any compensation), subject to all other rights of El Momento Catering.
5.4. If the Client fails to pay the invoice on time, they will be in default by operation of law. The Client will owe interest at the statutory rate, calculated from the moment of default until full payment.
5.5. Prosecution costs for non-payment and collection costs, both judicial and extrajudicial, will be borne by the Client. Interest will also be owed on the collection costs.
5.6. El Momento Catering can refuse a full repayment of the principal sum if the outstanding and current interest and collection costs are not also paid.
5.7. The Client is not entitled to set off the amount they owe El Momento Catering.
5.8. In the event of liquidation, suspension of payment, bankruptcy, attachment against the Client, debt rescheduling, or any other circumstance where the Client can no longer freely dispose of its assets, all claims of El Momento Catering against the Client are immediately due and payable.

6. Cancellation

6.1. If an order given to El Momento Catering is canceled, the Client is obliged to pay compensation for the damage incurred, calculated as follows:

• More than 2 months before the event date: no compensation required.
• Between 1 and 2 months before the event date: 15% of the contract price.
• Between 1 month and 14 days before the event date: 25% of the contract price.
• Between 14 and 7 days before the event date: 50% of the contract price.
• Less than 7 days before the event date: 100% of the contract.
  
  

6.2. Cancellations can be made by telephone but must always be confirmed in writing or by email.
6.3. In addition to the fee as stated in Article 6.1, the Client owes El Momento Catering all amounts El Momento Catering owes to third parties regarding the agreement.

7. Transport and Delivery

7.1. Unless agreed otherwise, the choice of transport is at El Momento Catering’s discretion.
7.2. El Momento Catering is not responsible or liable for storage by or on behalf of the Client.
7.3. The Client must take delivery of the goods when El Momento Catering delivers them or has them delivered by a third party. The Client is responsible for providing logistics space to facilitate the quick purchase of the goods and for providing free and unobstructed access.

8. Liability

8.1. El Momento Catering is only liable for direct damage. Any other form of indirect damage, including consequential damage, lost profit, lost savings, and damage due to business interruption, is expressly excluded.
8.2. The maximum liability of El Momento Catering is limited to the lesser of (i) the invoice value of the quotation (excluding transport, delivery, and any services provided by third parties) or, if the liability only relates to part of the assignment, the part of the quotation that applies to it and (ii) the amount of the payment to be made by the insurer in the present case.
8.3. El Momento Catering is not liable for damage of any nature whatsoever arising as a result of or related to incorrect or incomplete information provided by or on behalf of the Client.
8.4. The Client is regarded as the owner, tenant, or user of the space, even if the rent has been arranged through El Momento Catering. El Momento Catering is not liable for damage caused to the space by El Momento Catering or others during the period of use. The Client indemnifies El Momento Catering against any damage arising in that context, including costs incurred.
8.5. The Client indemnifies El Momento Catering against all damage resulting from non-performance or unlawful acts by or on behalf of the Client, its employees, guests, and damage resulting from each of their animals and goods, including costs incurred. Damage to goods belonging to El Momento Catering will be reimbursed at cost price.

9. Force Majeure
9.1. Force majeure includes all external circumstances beyond El Momento Catering’s control that prevent it from fulfilling its obligations.

10. Allergens

10.1. El Momento Catering prepares its dishes in a traditional and open kitchen. The dishes may therefore contain traces of allergens. At the Client’s request, El Momento Catering provides information about the allergens in its dishes.
10.2. At the Client’s request, El Momento Catering takes dietary requirements and other details into account, for which an alternative menu or dish is desired.

11. Privacy and Social Media

11.1. El Momento Catering is bound by the Personal Data Protection Act. Personal data is any data traceable to natural persons. El Momento Catering endorses the principles laid down in the law.
11.2. El Momento Catering uses the personal data provided to offer the best possible service. Personal data is available to all parts of El Momento Catering, so advice or services can be provided that are as balanced as possible. This data is also used to prevent, detect, and combat improper use and/or abuse. If you do not wish to receive information about services and products, you can make this known by sending an email to: info@elmomento.nl.
11.3. El Momento Catering takes great care when processing your personal data. It only uses the data necessary for optimal operation and service. Unless required by law or obligations that El Momento Catering has entered into with you, no personal data will be provided to third parties without your permission.
11.4. El Momento Catering does not collect or use information and data for purposes other than those stated unless prior consent is obtained.
11.5. You have the option of asking El Momento Catering which data it processes from you and, in the event of any inaccuracies, to have it corrected. You can request an overview of your data in writing and with motivation from El Momento Catering.
11.6. El Momento Catering assumes it is allowed to take photos during the event that may be used for promotional purposes. If this is not desired, please let us know, and we will respect this.

12. Applicable Law and Competent Court

12.1. Dutch law applies to all legal relationships between El Momento Catering and the Client.
12.2. All disputes arising from the agreement with El Momento Catering will be settled exclusively by a competent court in the district of Amsterdam unless otherwise indicated by El Momento Catering.
12.3. These general terms and conditions can be consulted at www.elmomento.nl.