Booking Terms and Conditions
These Booking Terms and Conditions (Conditions) establish a contract relationship between:
i) The Chef and the Customer
ii) the Company and the Customer,
iii) the Company and the Chef (in the case of iii only, together with Chef Terms and Conditions).
List of contents
Section 1 : Definitions
Section 2 : The Company
Section 3 : Booking Request
Section 4 : Booking Services and Conditions
Section 5 : Cooking Services
Section 6 : Customers’ Obligations
Section 7 : Payments
Clause X : Complaints Policy
Clause Y : Cancellation Policy
Section 8 : Other Conditions
Section 9 : Limitation of Company’s Liability
Section 10 : Applicable Law
Section 11 : Termination of Services
Section 12 : Disclaimer
Section 1: Definitions
”Booking Date” refers to the date and time scheduled and agreed to in the Booking (including the Invoice) for the provision of the services (or as the same may be rescheduled in accordance with these Conditions)
“Booking” – occurs when the Cooking Services have been agreed between the Customer and the Chef (as documented in the Invoice) and when the Customer has paid the Total Fee to the Company.
“Booking Request” means the request for Cooking Services by the (potential) Customer through the Website.
“Booking Services” refer to the sole services to be provided by the Company to the Chef and Customer to reach a Booking. These are limited to the use of the Website and the introduction of Cooks to Customers.
“Company” shall mean 99Chef Limited, whose registered office FLAT 6 27 LONDON ROAD, BROMLEY
BR1 1DG, incorporated and registered in England and Wales with Companies House under company number 14987199, which is the exclusive owner of the Website.
“Chef” means the provider of Cooking Services to the Customer.
“Cooking Contract” means the contract entered into by the Chef and the Company, for the provision of Cooking Services to the Customer by the Chef. It will be initiated by the payment for the Cooking Services by the Customer and terminated when the Chef informs the Company of completion of the Cooking Service for which they were booked.
“Cooking Fee” means the amount that has been agreed between the Customer and the Chef in a Booking.
“Cooking Services” refers to the services set out in the Invoice, which will be provided to the Customer by the Chef, in accordance with the Conditions and a Booking.
“Customer” refers to the person who books, and is the recipient of, the Cooking Services.
“Deposit” refers to the amount the Customer pays before paying the Total Fee.
“Force Majeure” – The Chef and the Company will not be held contractually liable in the case of an unforeseeable event that is outside of the parties’ control, which renders the performance of the Cooking Services either impossible or impractical.
“Guest” refers to the recipient, but not the Customer, of the Cooking Services
“Invoice” means the invoice submitted by a Chef to the Customer immediately after the Booking, including but not limited to, menu, time, date, facilities, utilities and other services to be provided by the Chef to the Customer.
“Menu Cost” means the Cooking Fee, less travel cost and costs for staff other than the Chef as shown in the Invoice.
“Service Fee” means 15% of the Cooking Fee
“Total Fee” means the Cooking Fee plus the Service Fee inclusive of VAT where applicable, minus the Deposit amount when applicable.
“Website” shall mean www.99chef.co.uk
Section 2: The Company
The sole obligation of the Company is to provide the Booking Services to the Customer and the Chef in return for payment of the Service Fee.
The parties agree that under no circumstances will the Company be obliged to provide any Cooking Services.
Section 3: Booking Request
Upon use of the Website by anyone, the parties agree to exclusively use the Website, the Booking Request process and the Invoice for all transactions between them, including any provision of Cooking Services to the Customer.
The Chef and the Customer agree to provide to the Company details of any correspondence or discussions related to Cooking Services.
Section 4: Booking Services and Conditions
Agreement:
The parties agree that a binding agreement will be formed once the Customer has paid the Deposit with the Chef.
1.2 The date of such agreement will be the date that the Company receives the Deposit.
1.3 In relation to a Booking, the Customer agrees to provide the Chef access to the premises where the Cooking Services are to be delivered and any other utilities, facilities and equipment reasonably required for the performance of the Cooking Services, other than any items expressly mentioned in the Invoice to be provided by the Chef.
If, for any reason, the Cooking Services cannot be provided on the Booking Date, the following provisions will apply:
2.1 If the reason is because the Chef or the Customer is affected by an event of Force Majeure the parties will endeavour to agree a new Booking Date for the provision of Cooking Service. If they do so, these Conditions will apply to the revised Booking Date (together with any amendments to the invoice and agreed by all parties). If the Chef and the Customer are unable to agree on a revised Booking Date or any revised Cooking Services, the Company will refund the Cooking Fee to the Customer.
2.2 If the reason is due to an act or omission of the Cook, the Company will refund the Cooking Fee to the Customer.
2.3 If the reason is due to an act or omission of the Customer, including cancellation by the Customer (in circumstances where the Customer cannot reasonably justify an event of Force Majeure), none of the total fee will be refunded (In case of cancellation by the customer, Clause Y will apply)
Once a Booking is confirmed, the Customer may cancel a Booking in accordance with Clause Y.
In the event that the Chef is not able to execute the Cooking Services as agreed, the Chef must give immediate notice to both the Customer and the Company. The Company, the Customer and the Chef will discuss the consequences, endeavouring that the Cooking Services will be provided.
4.1 In the event that a Chef is unable to provide a Cooking Services on the Booking Date because of a reason set out in 2.1 and 2.2, the Company may request the Customer to reasonably accept that an alternative Chef identified on the Website will provide the Cooking Services set out in the Invoice instead of the Cook, and, in such a case, the Booking will be amended accordingly for a revised Booking Date.
Section 5: Cooking Services
In performing the Cooking Services, the Chef agrees to comply with all necessary laws and health standards.
Upon the acceptance of Cooking Services, confirmed through the use of Booking Services stated above, Chefs provide Cooking Services to the Customer. These include:
Preparing the dishes, cutlery, cooking ware and any ingredients necessary to exercise and fulfil the Cooking Contract between the Customer and Cook
Preparing the table ready for the meal
Cleaning all the utensils used in the cooking process
Cleaning crockery, cutlery and glasses used by the Customer and the other guests. This is up to the discretion of the Customer after the cooking has been completed.
The conditions below are also attached to the Cooking Services:
In the event of not responding to the Booking Request within required time limits, Nomad Cooks may send alternative recommendations to the Customer.
Before the Booking Date, if the Chef is unable to procure a particular key ingredient, the Chef and the Customer will endeavour to agree on a reasonable alternative to the menu and any amendments to the Invoice.
Customers have the right to request any amendment to the Booking up to ten days from the Booking Date, including but not limited to, the date, time and the number of guests and, if this is agreed, these Conditions will apply to that Booking as reconstituted.
The Chef is completely at his/her discretion to agree to any amendments to the Booking with less than ten days prior notice to the Booking Date. Failing agreement of a revised Booking, Section 4 will apply.
Section 6: Customers’ Obligations
The Customer agrees to allow the Chef access to their premises and any other materials or equipment as set out in Section 4.
The Customer shall ensure that the Chef is treated with courtesy and respect.
The Customer takes full responsibility for any disrespectful behaviour shown towards the Chef by any of the Guests.
The Customer agrees to use the platform for the sole purpose of booking a private chef experience; any alternative use is forbidden and may result in account removal.
Section 7: Payments
Payment on Booking
A booking is confirmed when the customer pays the Total Fee for the Cooking Services in accordance with Section 5, and the chef accept the booking.
Refund policy
If prior to a Booking Date, an amendment in accordance with these Conditions, is agreed and results in a lower Total Fee the Company shall refund the balance to the Customer.
Clause X: Complaints Policy
If Customers have any complaints about the provision of the Cooking Services, they should notify the Company via the email address [email protected] with full details.
Clause Y: Cancellation policy
Cancel 10 or more days before your event day: full deposit/payment refund.
Cancel by 1 up to 10 days before your event day: deposit/payment will be non-refundable; no additional payment incurred.
Cancel within 48 hours of your event day: 100% agreed menu cost payment required
Message evidence of cancellation is required.
Save as set out above, neither the Chef nor the Customer shall have any other cancellation rights under these Conditions.
Clause Z: VAT
Service Fee payable by the Customer is inclusive of VAT.
Section 8: Other Conditions
The parties acknowledge and agree that the Chef is not an employee or agent of the company but an independent contractor.
i) Indemnity
The Consumer agrees to indemnify the Chef and the Company and its assigns for all losses, expenses, damages and costs, to the extent reasonable, which may result from the non-observance of the provisions of these Conditions. The provisions of this paragraph are intended to protect the Chef, Company and its managers, officers, employees, agents, shareholders, licensors and suppliers. Each of these persons or entities may, in their own name, enforce these provisions directly against the Customer and/or Chef.
The parties agree that the Company shall not be liable for any losses incurred by the Customer or the Chef including, expenses, damages and costs incurred to the Customer or the Chef from carrying out a Booking.
To the fullest extent permitted by law, the Chef will not be liable for any losses, expenses, damages, and costs incurred under or in connection with the Booking.
ii) Chef – Customer Exchanges
Each of the parties will agree to the terms set out in the appendix.
Section 9: Limitation of Company’s Liability
The Company’s total and exclusive liability to the Customer shall be an amount equal to the Total Fee or, if lower, an amount calculated in accordance with these Conditions.
Section 10: Applicable law
Each Booking and these Conditions shall be governed by, construed, and take effect in accordance with the laws of England and Wales. Any dispute, claim or matter of difference arising out of, or relating to, the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of England and Wales.
Section 11: Termination of Services
Save as set out in Clause Y, no party shall have the right to terminate a Booking.
Section 12: Disclaimer
The Customer agrees that the entire risk arising out of use of the Booking Services remains solely with the Customer, to the maximum extent permitted under applicable law.