1 – Definitions
1.1 Micaela Harrasser: the sole proprietorship including all its trade names, registered at the Dutch Chamber of Commerce (KVK) under number 85064815.
1.2 Customer: a private person or legal person who reaches an agreement with Micaela Harrasser for the sale of Products and/or Services, including but not limited to the organizer, initiator, contact person of the client or an authorized representative of the client as well as all participants of the Services provided by Micaela Harrasser.
1.3 Agreement: the agreement between the Customer and Micaela Harrasser, including but not limited to the Products and/or Services provided by Micaela Harrasser.
1.4 Services: Amsterdam cooking classes, tastings and Amsterdam cooking workshops provided by Micaela Harrasser.
1.5 Products: Amsterdam cooking classes, tastings and Amsterdam cooking workshops, and/or related items provided by Micaela Harrasser.
2 – General
2.1 These Terms and Conditions apply to all agreements (including but not limited to quotations, negotiations and agreements) on Products to deliver or Services to fulfill.
2.2 Micaela Harrasser is not bound by quotations and/or oral agreements if they are concluded by a person who is not authorized to represent Micaela Harrasser legally, unless the quotations and/ or oral agreements are in writing and confirmed in writing by authorized personnel.
Article 3 – Constitution of an agreement and the contents thereof
3.1 In case the Customer requests Micaela Harrasser to make a quotation for Products and/or Services, this is seen as an invitation to make a quotation by Micaela Harrasser.
3.2 The Customer is never bound by a written and/or oral quotation made by Micaela Harrasser. The quotation is binding if the quotation includes a term in which the Customer can agree unless the quotation states that the quotation is irrevocable. When this term is not included in a written quotation, the quotation is expired two weeks after the quotation was made and without further contact by Micaela Harrasser. This term can be lengthened upon Customer request.
3.3 An agreement is concluded between Customer and Micaela Harrasser when the acceptance of the quotation reaches Micaela Harrasser within the aforementioned two week term.
3.4 In case the Customer refers to different general terms and conditions when accepting the quotation, those general terms and conditions do not apply. Only these written terms and conditions apply. If the Customer accepts the quotation but explicitly does not accept these terms and conditions, the quotation is refused by Micaela Harrasser, in which case it constitutes a counter quotation.
3.5 Acceptance as well as confirmation of a quotation which includes significant changes, limitations or additions constitutes a counter quotation and a refusal of the original quotation.
3.6 Additions, limitations or other changes mentioned in the previous article are seen as extra/changed terms relating, including but not limited to, price, payment, quality, attire, quantity of the Products and/or Services, place and time of delivery, extent of the liability of either party towards the other and the settlement of disputes.
Article 4 – Price
4.1 Micaela Harrasser reserves the right to change prices of Products and/ or Services between the confirmation of an order and delivery of the Products and/or Services. Micaela Harrasser is required to communicate price changes to the Customer as soon as possible.
4.2 Micaela Harrasser charges a fixed price per participant for the Services, in which dinner and non-alcoholic beverages are included. Micaela Harrasser does not allow Customers to bring their own alcoholic beverages to the Amsterdam cooking classes and Amsterdam cooking workshops.
Article 5 – Payment
5.1 Payment needs to be fulfilled within 14 days after the date of invoice. In case the Customer does not meet these payment obligations entirely or partly, Micaela Harrasser reserves the right to suspend the delivery of Products and/or Services.
5.2 In case the Customer does not meet the payment within the period mentioned in 5.1, the Customer is in default regarding the agreement and Micaela Harrasser does not have an obligation to specify the formal notice of default. From that moment on, the Customer is due statutory interest regarding the unpaid contractual obligation.
5.3 Micaela Harrasser reserves the right to demand payment entirely or partly before delivering the Products or rendering the Services agreed upon.
5.4 All payments will always and exclusively be intended for paying the oldest outstanding invoices.
5.5 All payments must be paid in Euro, unless agreed otherwise in a written statement. In case both parties agree that payment will be in another currency, the currency rate on the day of the invoice will be the currency rate that will apply. The Customer will be responsible for the costs of the conversion or any damage that Micaela Harrasser will suffer through exchange gains and losses.
5.6 If the Customer fails in its obligations to fulfill the payment, Micaela Harrasser can enlist a third party to collect the outstanding invoice. The customer is responsible for extrajudicial collection costs. These costs amount 15% of the amount which is claimed with a minimum of €91,00 plus VAT.
Article 6 – Order Changes
6.1 Changes in the original agreement, by or on behalf of the Customer, which leads to costs that are not included in the agreement or order confirmation, will be charged to the Customer via the invoice, as mentioned in article 5.1.
6.2 In case of any changes, the Customer is required to communicate such to Micaela Harrasser at least seven days before the Services are about to be rendered. The changes have to be in written form and need approval from Micaela Harrasser.
6.3 Changes that are communicated after the term of article 6.2 ends or changes that Micaela Harrasser does not approve, cannot be included in the Services about to be rendered.
Article 7 – Liability
7.1 Micaela Harrasser is not liable to a Customer or third party for damage resulting from Micaela Harrasser Products and Services, unless the damage is caused deliberately, or caused as a result of conscious recklessness by Micaela Harrasser.
7.2 Micaela Harrasser is neither to the Customer nor to third parties liable for any damage regarding their clothing or other items, unless the damage is caused deliberately or are the result of deliberate recklessness. Micaela Harrasser is never liable for any consequential damages.
7.3 Micaela Harrasser is neither to the Customer nor to third parties liable for damages and/or injuries, unless the damage and/or injuries are caused deliberately or are the result of deliberate recklessness. The Customer agrees that Micaela Harrasser is not liable to third parties if the damage of this third party is caused by Services and/or Products of Micaela Harrasser, unless the damage is caused deliberately or is the result of conscious recklessness.
7.4 Micaela Harrasser will not be held liable for the payments of costs, damage and interest in the event that it could not deliver the agreed upon Products and/or Services due to ‘force majeure’. Force Majeure applies if Micaela Harrasser cannot, not in a timely manner, or not properly, fulfill the agreed upon performances of the agreement, because of a problem of which the cause is beyond the control of Micaela Harrasser. Force majeure situations, among others, are: no or late delivery of the Products and/or Services if its suppliers fail to deliver in time, illness of Micaela Harrasser personnel and/or third parties hired by Micaela Harrasser, strikes and other causes of interruption of business, fire, leaking, theft, shortage of raw materials, transporting difficulties, governmental action, flooding, war, threat of war, high waters, storm, sleet, snow and other such weather conditions. Micaela Harrasser is not liable in the aforementioned cases.
Article 8 – Cancellation of private group Amsterdam cooking workshops or other private group Services
8.1 Private Amsterdam cooking workshops or other private group Services must be canceled at least two (2) weeks (i.e. 14 days) before the date the Service commences for a full (100%) refund of the invoice. In case of a cancellation at least one (1) week (i.e. 7 days) before the date of the private group Amsterdam cooking workshop or other private Service commences, Micaela Harrasser refunds half (50%) of the invoice.
8.2 The number of people that will attend a private Amsterdam cooking workshop or other private Service, as communicated to Micaela Harrasser by the Customer, is binding. The Customer will not be held liable when partially cancelling the order, if group size changes, of a private group Amsterdam cooking workshop or other private group Service if the Customer communicates this up to 48 hours prior to the date the Service commences. If it appears Micaela Harrasser has to provide the Service to more people than agreed upon, Micaela Harrasser has the right to refuse rendering the Service to more people than the agreed upon number, or to accept rendering the Service to these persons at regular conditions. In all cases of cancellation later than before the aforementioned term of 48 hours, the Customer is liable for 50% of costs up to 24 hours costs paid for inventory and third parties. In cases of cancellations later than the term of 24 hours, the Customer is liable for 100% of costs paid for inventory and third parties. In that case, the Customer will be held liable for all payment obligations to Micaela Harrasser for the agreement with this Customer.
Article 9 – Cancellation of open Amsterdam cooking workshops or other open group Services
9.1 The Customer will not be held liable when partially or totally canceling the order of an open Amsterdam cooking workshop or other open Service, if the Customer communicates this up to 48 hours prior to the date the Service commences. In cases of cancellations later than the aforementioned term of 48 hours, the Customer is liable for 100% of costs paid for inventory and third parties.
9.2 The Customer is entitled to send someone else in his/ her place when this is communicated upfront in writing to Micaela Harrasser.
Article 10 – Gift vouchers
10.1 Gift vouchers are valid until one (1) year after they are sold by Micaela Harrasser. The gift voucher will lose its value after one (1) year and cannot be used as a payment method, unless stated otherwise on the gift card.
10.2 Gift vouchers are not linked to a certain person and can be given to anyone.
10.3 Gift vouchers or the left-over value of a gift card are not exchangeable for money. The left-over value of a gift card can be used for a next order or an extra person to attend the Service. Left-over values are tracked by Micaela Harrasser. Left-over values are only to be used within one year after being sold by Micaela Harrasser.
10.4 In case the total amount of the Customer’s order of a Service is higher than the value of the used gift voucher(s), the amount that still needs to be paid must be paid using one of the following payment methods: Tikkie.
Article 11 – Ending an agreement
11.1 In case Micaela Harrasser does not receive the agreed amount of pre-payment or invoice at least 48 hours before the Service commences, the agreement is legally dissolved unless agreed otherwise with the customer, and the customer is held liable for 100% of the price agreed upon as specified in article 8. Micaela Harrasser is not liable for any indemnification.
11.2 Micaela Harrasser always has the right – without being liable for any indemnification – to terminate the agreement in case the Service violates any laws or governmental regulations or when the Service could harm the interests or ‘good name’ of Micaela Harrasser.
11.3 In case the security of guests, personnel and/or others is insufficiently safeguarded, or when the given materials are wrongly used, Micaela Harrasser has the right to change or dissolve the agreement with the Customer without being liable for any indemnification to the customer.
Article 12 – Intellectual Property Rights
12.1 Intellectual Property (including but not limited to photographs and videos taken during Amsterdam cooking workshops, websites, copyrighting, trademarks, logo’s, concepts and events) created by Micaela Harrasser will remain exclusively the property of Micaela Harrasser.
Article 13 – Governing law and dispute resolution
13.1 All quotations and agreements made by Micaela Harrasser are governed by Dutch law.
13.2 All disputes shall be exclusively governed by the applicable court in Amsterdam.