Terms & conditions

This is a translation of our Dutch algemene voorwaarden. In the event of any discrepancy, the Dutch version prevails.

Article 1 – General

1. These terms and conditions apply to all quotations, assignments and agreements of Horeca Keuken Adviseurs, registered with the Dutch Chamber of Commerce (KvK) under number 60132078.
2. Horeca Keuken Adviseurs focuses on business services to companies in the hospitality industry.
3. Deviations from these terms and conditions are only valid if agreed in writing.
4. Any general terms and conditions of the client are expressly rejected, unless agreed otherwise in writing.

Article 2 – Services

1. Horeca Keuken Adviseurs provides professional advice and guidance in areas including kitchen optimisation, business analyses, menus, recipes, work processes, staff, procurement, suppliers and improving profitability.
2. The content, scope and objectives of an assignment are determined in advance in consultation.
3. Our services constitute a professional best-efforts obligation, unless a specific result has been expressly agreed in writing.
4. Advice is prepared on the basis of professional knowledge, practical experience and the information available.

Article 3 – Quotations and agreements

1. Quotations are without obligation and valid for 30 days, unless stated otherwise.
2. An agreement is concluded as soon as the client accepts a quotation or order confirmation in writing or by email, or when Horeca Keuken Adviseurs starts the work with the client's consent.
3. Changes to the agreed work are discussed in advance and confirmed in writing where necessary.
4. Obvious errors or mistakes in quotations do not bind Horeca Keuken Adviseurs.

Article 4 – Rates and payment

1. All rates stated are exclusive of VAT, unless expressly stated otherwise.
2. For the Business Analysis & Assessment, the fixed analysis fee stated in the quotation applies.
3. Advice & Guidance is charged on the basis of the agreed work and rates.
4. For tailored programmes, a project price or other price arrangement is agreed in advance.
5. Invoices must be paid within 14 days of the invoice date, unless agreed otherwise in writing.
6. If the payment term is exceeded, Horeca Keuken Adviseurs may charge the statutory commercial interest and legally permitted collection costs.
7. In the event of payment arrears, Horeca Keuken Adviseurs may suspend further work after written notice and a reasonable opportunity to pay.

Article 5 – Performance of assignments

1. Horeca Keuken Adviseurs performs assignments carefully, expertly and to the best of its knowledge and ability.
2. The client provides all information necessary for proper performance in good time.
3. The client ensures access to the relevant business premises, staff and documentation, insofar as necessary and agreed.
4. Any agreed lead times are indicative, unless expressly stipulated otherwise in writing.
5. Where appropriate, and while remaining responsible for its own obligations, Horeca Keuken Adviseurs may engage third parties to carry out work.

Article 6 – Additional work and changes

1. Work that falls outside the original assignment is regarded as additional work.
2. Additional work is discussed with the client in advance, including any financial consequences.
3. Additional work is only carried out once agreement has been reached on it.
4. Changes to the assignment may affect the planning, performance and agreed price.

Article 7 – Cancellation and rescheduling

1. A client who wishes to cancel or reschedule a planned appointment must notify us in writing or by email as soon as possible.
2. In the event of cancellation less than 48 hours before a planned appointment, Horeca Keuken Adviseurs may charge demonstrably incurred costs and costs that can no longer reasonably be avoided.
3. If an ongoing assignment is cancelled, work already carried out and reasonably incurred costs will be charged, insofar as legally permitted.
4. Any specific cancellation arrangements in a quotation or agreement take precedence.

Article 8 – Advice and results

1. Horeca Keuken Adviseurs strives for practical improvements in efficiency, structure, quality and profitability.
2. The final results also depend on implementation by the client, the staff, the business circumstances and other external factors.
3. Horeca Keuken Adviseurs does not guarantee any specific increase in turnover, cost savings or improvement in profitability, unless expressly agreed in writing.
4. The client remains responsible for its own business operations, business decisions and compliance with applicable laws and regulations, including food safety and working conditions.

Article 9 – Liability

1. Horeca Keuken Adviseurs is only liable for damage that is the direct result of an attributable failure in the performance of the agreement.
2. Insofar as legally permitted, liability is limited to the amount agreed for the assignment in question, exclusive of VAT.
3. Horeca Keuken Adviseurs is not liable for indirect damage, such as consequential damage, lost profits or missed savings, insofar as exclusion thereof is legally permitted.
4. Horeca Keuken Adviseurs is not liable for damage resulting from incorrect or incomplete information from the client or from implementing advice in deviation from the instructions given.
5. The limitations of liability do not apply in the event of intent or deliberate recklessness on the part of Horeca Keuken Adviseurs, or where limitation is not permitted by law.

Article 10 – Confidentiality and business information

1. Both parties treat confidential business information obtained during the collaboration carefully and confidentially.
2. This includes financial data, business processes, recipes, purchasing arrangements, staff information and internal documentation.
3. Confidential information is not provided to third parties without permission, unless this is necessary for the performance of the agreement or required by law.
4. This confidentiality obligation remains in force after the collaboration has ended.
5. The privacy policy of Horeca Keuken Adviseurs applies to the processing of personal data.

Article 11 – Intellectual property

1. Reports, analyses, advice, methods, formats and other materials developed by Horeca Keuken Adviseurs remain, insofar as intellectual property rights apply to them, the property of Horeca Keuken Adviseurs, unless agreed otherwise in writing.
2. After full payment, the client obtains the right to use the materials delivered specifically for the client within its own business.
3. Publishing, commercially reselling or distributing protected materials without prior written permission is not permitted, subject to statutory exceptions.
4. Existing recipes, documents and business information of the client remain the property of the client.

Article 12 – Force majeure

1. Horeca Keuken Adviseurs is not obliged to fulfil obligations when this is reasonably impossible due to circumstances beyond its control.
2. Force majeure may include serious disruptions, government measures and other unforeseen circumstances, insofar as these legally qualify as force majeure.
3. In such situations, the parties will consult on a suitable solution or adjusted planning.
4. If the force majeure situation continues for a long time, the parties may terminate the agreement in accordance with the applicable statutory rules.

Article 13 – Complaints and disputes

1. Complaints about our services must be reported in writing as soon as possible after discovery, with a clear description.
2. Horeca Keuken Adviseurs is given a reasonable opportunity to investigate a complaint and, where appropriate, to offer a solution.
3. The parties will endeavour to resolve any disputes through mutual consultation first.
4. If no solution is reached, the dispute may be submitted to the court that has jurisdiction by law.

Article 14 – Termination of the agreement

1. An agreement may be terminated in accordance with the arrangements made and applicable statutory provisions.
2. In the event of early termination, work already performed and reasonably incurred costs will be settled, insofar as legally permitted.
3. If a party seriously fails to fulfil its obligations, the other party may dissolve the agreement under the statutory conditions.
4. Obligations that by their nature are intended to continue after termination, including confidentiality and applicable payment obligations, remain in force.

Article 15 – Applicable law

1. Dutch law applies to all quotations, assignments and agreements of Horeca Keuken Adviseurs.
2. If a provision of these terms and conditions proves to be invalid or unenforceable, the other provisions remain in force.
3. In that case, the parties will, where necessary, agree on a legally valid replacement provision that comes as close as possible to the original purpose.

Article 16 – Contact details

Horeca Keuken Adviseurs
Website: www.horecakeukenadviseurs.nl
Email: [email protected]
Phone: +31 6 12923841
Chamber of Commerce (KvK) number: 60132078

If you have any questions about these terms and conditions, please contact us using the details above.