Article 1: Definitions
- offer: event and catering services linked to the ‘DINNER ON THE LAKE’ concept held at specific times at the Location as described on the Website.
- Friends and Fools BV, Antoon Catriestraat 39d, 9031 Drongen (Belgium), Company number: 0656.537.273, E-mail address:firstname.lastname@example.org.
- & Dinner On The Lake BV, Antoon Catriestraat 39d, 9031 Drongen (Belgium), Company number: 0693.915.729, E-mail address: email@example.com.
- Client(s): the natural or legal person who accepts the F&F Offer as an end client, including all participants in an event (regardless of whether they are listed by name or not).
- Location: the location where the Offer applies, as indicated on the F&F Website(s).
- Brand: DINNER ON THE LAKE, a registered brand operated by F&F.
- Website(s):): www.friendsandfools.be and www.dinneronthelake.com.
Article 2: Applicability
- These general terms and conditions apply to every reservation by the Client, every Offer by F&F and every distance contract concluded between F&F and the Client.
- 2.Before the distance contract is concluded, the text of these general terms and conditions and all necessary and useful information will be made available to the Client. F&F is only considered to be bound insofar as it has accepted the reservation/order in writing and that the requested advance has been paid.
- 3.The non-application of a clause, which has been drawn up in these general terms and conditions, may not be interpreted as waiving Friends and Fools BV’s ability to assert it.
Article 3: Offer
- The Offer is exclusively intended for sale on Belgian or Dutch territory unless expressly stated otherwise on the F&F website or otherwise.
- If an Offer has a limited period of validity or is made under special conditions, this will be explicitly stated in the Offer.
- The Offer contains a full description of the services and products offered. The description is sufficiently detailed to enable the Client to properly assess the Offer.
- Images of the Offer are for illustrative purposes only. Location images, menus, partners for services and products, dimensions of wooden structures, shapes, colors, quality and other information included on the Website, in catalogs or in advertisements have the nature of an approximate indication.
- It is possible that several shifts take place on the same evening at the Location. The Client agrees to be at the Location on time and in accordance with his reservation.
- The Location, as indicated on the Website, can change if F&F is forced to do so. F&F reserves the right to use alternative similar locations within a hundred (100) kilometers radius around the Locations indicated on the Website.
- The menu as shown on the F&F website is indicative. F&F reserves the right to serve a similar menu.
- The name of the cook/chef for a specific time is indicative. F&F has the right to replace the cook/chef with a different cook/chef of a similar level.
- Any requested changes to the menu due to health reasons (such as pregnancy and allergies) that take place after acceptance of the reservation must be submitted in writing to F&F BV no later than 36 hours before the start of the reservation made, whereby F&F BV reserves the right to adjust its offer accordingly if necessary.
- Each Offer contains such clear information that it is clear to the Client what rights and obligations are attached to the acceptance of the Offer.
- The Offer only applies as long as the service has not been previously reserved by another Client. The ‘first-to-book’ principle applies as assessed by F&F on a discretionary basis, based on the logbook.
Article 4: Performance of the services
- The agreement is concluded at the time of confirmation by F&F of the reservation by the Client and / or when the full payment is received by F&F.
- F&F will send a confirmation of reservation by e-mail to the e-mail address indicated by the Client. The Client is solely responsible for correctly entering all data
- Since the agreement is concluded electronically, F&F takes appropriate technical and organizational measures to protect the electronic transfer of data and ensures a secure web environment.
- When creating an account, the Client must provide F&F with the most recent and requested information for the reservation to be managed optimally. Failing to do this, F&F reserves the right to delete the account and to consider any reservation to be void.
- The Client is responsible for the security of the personal password that he uses to access his account. The Client agrees not to disclose his password to third parties. The Client must promptly notify F&F of any security risk or unauthorized use of its account.
Article 5: Client cancellation
- Principle: The Client cannot cancel a reservation, nor reduce the number of participants or reserved places, except in the event of express written agreement from F&F. In case of full or partial cancellation, F&F is not obliged to refund any payments received. If the payment has not been made upon reservation, the Client will immediately make any outstanding payments. The Offer consists of providing catering, accommodation and leisure services within the meaning of Article VI.53, 12° of the Code of Economic Law. The Client can, therefore, not exercise a right of withdrawal except with the written agreement of F&F and/or according to the conditions in this article.
- Revocation: If a Client (and participants) for whatever reason, notwithstanding the fact that the cause of this cancellation is beyond the control or power of the Client or results from force majeure, with the exception of the provisions under article 5.3, not in whole or in part can arrive at the reserved time, the Client has the possibility, calculated on the basis of the date of receipt of the cancellation email or letter before the date of the event:
- to request a rebooking on another date/other time where availability is available up to 14 calendar days before the reserved time, subject to payment of an administration fee of 15% of the amount paid;
- to request a rebooking up to 7 calendar days before the reserved time on another date/other time where there is availability, subject to payment of an administration fee of 50% of the amount paid;
- at any time, send other persons for replacement with their names.
- Cancellation in the event of illness or death: If a Client (and participants) cannot come in whole or in part at the reserved time due to illness or death, then the Client, in addition to rebooking in accordance with the aforementioned provision, also has the option, calculated on the basis of from the date of receipt of the cancellation email or letter for the date of the event:
- subject to the submission of a doctor’s certificate or death notice up to 14 calendar days before the reserved time to request a cancellation and refund, subject to payment of an administration fee of 15% of the amount paid;
- subject to the submission of a doctor’s certificate or death notice up to 7 calendar days before the reserved time to request a cancellation and refund, subject to payment of an administration fee of 50% of the amount paid.
- Cancellation in the event of illness or death is not possible if an Offer tailored to the Client has been developed and accepted, or in the event of a private event taking place for which the Offer was exclusively reserved.
- All contact by the Client in accordance with Article 5 must be made by email to firstname.lastname@example.org (i) the name on which the reservation was made, (ii) the number of participants, (iii) the specific request in accordance with Article 5.
- If any repayment by F&F is to be made to the Client, it will be made within five (5) working days to the Client in the account from which the payment was made.
- The amount refunded by F&F includes only the amount of the reservation (ticket price). Any costs associated with the payment, the type of payment or the payment application used will not be refunded by F&F to the Client.
Article 6: F&F Cancellation
- In the event of unforeseen circumstances or situations of force majeure (e.g. stormy weather, gusts of wind, storms, thunderstorms, extreme heat, drought, odor nuisance, staff shortage, strike, fire, terrorist threat, pandemic/epidemic or other circumstances not foreseeable at the time of the conclusion of the agreement ) F&F reserves the right to cancel reservations and propose a new replacement time. Cancellations are made on the basis of the ‘first come, first served’ principle.
- F&F can immediately and legally terminate the agreement at any time and without prior notice or legal intervention in the event that the contractor fails to comply with the provisions of these general terms and conditions or in the event of gross negligence on the part of the Client. Some examples are given without this list being considered exhaustive: the non-execution of the payments by the Client within the applicable terms.
- F&F also reserves the right to cancel a reservation and propose a new replacement time if the occupancy rate of an evening is too low (less than 50% accuracy).
- If the Client does not agree with the replacement time, the Client is entitled to a full refund of the amounts paid, less an administrative cost of 25% of the amounts paid.
- Other damages related to such cancellation by F&F cannot be recovered from F&F by the Client. Any liability of F&F is limited to the amounts paid by the Client.
- Any cancellation by F&F will be communicated via the email address provided by the Client.
Article 7: Early termination
- F&F reserves the right to suspend any services with regard to a Client if it appears that no or an incomplete payment has been made, until the full payment has been completed.
- F&F reserves the right to discontinue any services or remove participants from the Location at any time without notice if the Client does not behave as expected or if the Client commits any breaches of any location. Regulations as drawn up by F&F. Some examples are given without this list being considered exhaustive: incidents that occur such as noise, intoxication by drinks/narcotics, rowdy or verbal aggressive behavior, lewd behavior or repeated noncompliance with any swimming prohibition.
- F&F reserves the right to recover from the Client in question any damage it suffers from early termination.
Article 8: Price and payment
- During the period of validity stated in the Offer, the prices of the offered services and/or products will not be increased, except for price changes as a result of specific requests from the Client itself, changes in VAT rates, legal provisions or other regulations.
- The price only applies to the services and products mentioned in the Offer. If the Client wishes to access additional services or other products, requested before or during the event itself, F&F has the right to charge accordingly for extra costs.
- Payment of the service or product will be made immediately upon reservation on the Website. In the event of late payment, an interest of 9% per year is due from the due date without prior notice, without prejudice to F&F’s right to charge an administrative fine of EUR 250.
Article 9: Liability
- F&F cannot be held liable for any accidents on any parking or spaces provided for the Clients who use the services of F&F.
- In addition, F&F cannot be held liable for any damage whatsoever arising from accidents that take place to and from or on the pontoon, as well as at the Location where the event takes place.
- F&F is not liable for any damage that is caused by food safety and hygiene and for which the cook/chef is fully responsible.
- F&F observes the applicable COVID-19 measures. In any event, the Client and its participants will travel to and at the Location at their own risk and agree to observe the necessary measures to prevent the further spread of the SARS-CoV-2 coronavirus.
- Under no circumstances can F&F be held liable for indirect damage, such as damage for a missed opportunity, reputation damage, damage due to car theft, damage to clothing and/or damage due to loss of goods (e.g. handbag, mobile phone, etc.) in the water, etc.
- If the liability of F&F is nevertheless taken into account, insofar as permitted by applicable law, the total sum to which F&F is bound to a maximum will be limited to the amounts paid by the Client and this for all claims arising from have submitted a specific event.
- The above limitations or exclusions of liability apply to the fullest extent possible under applicable law and apply regardless of the liability regime including, but not limited to, contractual liability, tort liability, error-free liability and liability for hidden defects, except in the case of fraud or an intentional error by F&F.
Article 10: Miscellaneous
- The Client, or any participants, who cannot swim, must inform F&F of this in advance when booking.
- It is forbidden to swim on Location at all times. F&F does not supervise any swimming parties on Location and these are at the risk and expense of the Client.
- F&F provides the necessary life jackets. Life jackets are mandatory for all children under twelve (12) years old. Life jackets can be obtained from F&F at the request of the Client or a participant.
- F&F reserves the right to refuse to serve any alcoholic beverages if circumstances justify that choice.
- The toilet is on land and the Client or his participants must report to the F&F staff when they want to use the facilities.
- F&F reserves the right to refuse participants if they exceed the number of reservations or if the maximum number of attendees that are permitted would be exceeded.
- F&F reserves the right to refuse and remove the Client or its participants if their behavior endangers the health of staff or other guests.
- There is a general smoking ban at the place where the event takes place.
- It is forbidden, at all times, to throw food or other objects on the floor or in the water.
- If the Client has specific requests in regards to food (vegetarianism, intolerances, allergies, etc.), F&F can only take this into account insofar as the Client informs F&F about this no later than 36 hours before the event.
- The chef/cook determines the menu in consultation with F&F.
- The Client is not allowed to transfer his reservation to any third parties without the prior written permission of F&F.
Article 11: intellectual property rights
- The F&F Offering is protected by intellectual property rights, including but not limited to the copyright, trademark law, design right, database right, related rights and patents. The Client undertakes to respect the intellectual property rights of F&F.
- Reproduction, publication, distribution, copying or any other use, other than in the context of personal and non-commercial use by the Client as mentioned above, is not permitted without prior written permission from F&F.
- The Client grants F&F unconditional permission for unlimited exploitation and use of contributions (such as but not limited to photos and videos taken during the event) through any media and in any form, for example in television and/or radio programs, for telecommunication services, websites, mobile applications, internet applications, etc., worldwide and for the duration of the protection of the (intellectual) rights that apply to these contributions, without payment or other consideration. In any case, F&F bears no responsibility in this regard. The Client indemnifies F&F against any claims by third parties with regard to the contributions that the Client has made themself.
Article 12: Privacy
- F&F is committed to protecting the Client’s personal data. F&F will only use the data in accordance with the General Data Protection Regulation and other relevant regulations in force.
- F&F uses the personal data to enable the operation of the Website and reservation tool (without data there is no valid reservation) and for administrative, operational and billing purposes. F&F can communicate this information to third parties if it is legally obliged to do so.
- F&F also reserves the right to use personal data to provide the Client and participants with informative news about the event, safety instructions, the operation of F&F, and offers for new products or services from F&F.
- Personal data may also be transferred to affiliated companies or partners of F&F for marketing purposes, insofar as these are located within the European Union.
- F&F has taken all possible legal and technical precautions to avoid unauthorized access and use of personal data.
- The Client always has a legal right to supplement, correct or delete his personal data in whole or in part. The Client can contact F&F by sending an email to email@example.com
- When you visit the Website, some data is collected for statistical purposes. These data are: IP address (anonymized via ‘Google Analytics IP Anonymizing’), presumed place of consultation, hour and day of consultation and which pages were visited. When the Client visits the Website, he agrees with this data collection intended for the purposes mentioned above. The following cookies are active:
- Friends and Fools
Necessary for the operation of the website. This cookie stores, among other things, the chosen language, set location, log in details, IP address, entered search data, reservations made and browser configuration.
- Google Analytics
Google Analytics collects anonymous visitor statistics. More information at http://www.google.com/policies/privacy/.
- Friends and Fools
- For further information about the processing of your personal data by F&F, please consult the full privacy statement via the link https://www.friendsandfools.be/privacy.
Article 13: Website
- The use of the Website is at your own risk. F&F cannot be held liable for possible inaccuracies in the Website or links to other websites and any damage that may result from this.
- F&F is not liable for damage due to hacking of the Website, provided that F&F has taken all reasonable security measures in accordance with the state of the art technology available at the time.
- F&F is not liable for damage caused by phishing, farming or other forms of internet fraud or other criminal activities.
Article 14: Final provisions
- The nullity of one or more provisions in these conditions does not affect the validity of the other provisions. If one or more provisions are void or not applicable, they will be replaced by one or more provisions with an equivalent effect.
- 2. Clients can address complaints about the services provided or any other complaint to F&F via the email address firstname.lastname@example.org. Clients must formulate complaints in writing no later than five (5) working days after the event has taken place and must provide detail.
- All agreements between F&F and the Client to which these general terms and conditions apply are exclusively governed by Belgian law. In case of disputes, the courts of the district of Ghent have exclusive jurisdiction.
- The Dutch version of these general terms and conditions is binding and takes precedence if the content of a translated version does not correspond (fully) or allows for a different interpretation.
- Additional or deviating provisions from these general terms and conditions may not be to the detriment of the Client and must be recorded in writing in such a way that they can be stored by the Client in an accessible manner on a durable medium.