General terms and conditions of sale Bierkasteel

1. The current general terms and conditions of sale are an integral part of all quotes and of all agreements concluded with Bierkasteel BV. Deviating stipulations apply only insofar as these have been expressly accepted in writing by Bierkasteel BV. Every booking implies acceptance of the general terms and conditions of sale of Bierkasteel BV which prevail over any terms and conditions of purchase of the customer.

2. Bierkasteel BV’s quotes apply for 14 days and are purely informative. The booking is only accepted and final after cumulative (1) payment of the advance as stated on the quote within seven days after the written and unconditional acceptance of the quote, and this by transfer to the bank account of Bierkasteel BV, stating the name, date and booking number of the party, and (2) on the signing of the quote/booking together with these general terms and conditions by the customer. By paying the advance the customer confirms to accept the general terms and conditions.

The stated advance is always definitively retained on the part of Bierkasteel BV, regardless of whether the event takes place or is cancelled by the customer for any reason.

If the customer decides to change the planned date of the event without a legally valid reason, Bierkasteel BV is entitled to charge an administrative fee of 150 EUR. In the event of a change to the planned date by Bierkasteel BV, the customer is entitled to equivalent compensation.

3. When an event is booked, the customer commits to inform Bierkasteel BV of the exact number of guests, with regards to the catering, no later than eight days prior to the start of the event. This number cannot be reduced afterwards under any circumstances. If fewer guests actually attend than the specified number, the booked number of guests will nonetheless be charged to the customer. If the number of guests that actually attend the event is larger than the booked number of guests, Bierkasteel BV will charge these additional guests to the customer.

4. The agreement can only be legally cancelled by the customer by registered mail, subject to payment of compensation to Bierkasteel BV for, inter alia, suffered losses and lost profits amounting to 90% of the amount stated on the agreement, reduced by the advances received, if the cancellation occurs seven days prior to the event or on the day of the event. The agreements can only be legally cancelled by the customer by registered mail, subject to the payment of compensation to Bierkasteel BV for, inter alia, suffered losses and lost profits amounting to 40% of the amount stated on the agreement, reduced by the advances received, if the cancellation occurs 21 days prior to the event or on the day of the event.

All this without prejudice to Bierkasteel BV’s right to claim higher compensation insofar as there is reason to do so. In the event of cancellation of the agreement by Bierkasteel BV, the customer is authorised at most to claim equivalent compensation.

5. For the execution of its obligations, Bierkasteel BV is permitted to engage third parties.

6. If due to unforeseen circumstances, some of the agreed food and beverages cannot be delivered, then Bierkasteel BV retains the right to change the menu by providing similar food and beverages, without this giving rise to a price reduction or compensation. The prices are as stated in the quote, except in the event of sharp price increases (> 5%) in the costs (raw materials, wages, energy, etc.) between the date of the quote and the event. In that event, a new price will be calculated and invoiced to include the price increases.

7. The customer is obliged to comply with and take responsibility for fulfilling all administrative obligations for the activity they organise, such as requesting authorisation from the government authority, SABAM (Belgian Society of Authors, Composers and Publishers), etc.

8. The customer bears full responsibility for the hired infrastructure and goods and products stored by them and will ensure for the necessary insurance in this regard. In any event, Bierkasteel BV will never be liable for damage to or loss of these goods and products. Neither can Bierkasteel BV be held liable for loss of or damage to the guests’ personal belongings.

9. The customer bears full responsibility for the actions or omissions of their guests and will ensure for all relevant insurance in this regard. The customer must, unless expressly stated otherwise, take responsibility for all relevant insurance related to the organisation and use of the installations and infrastructure. Bierkasteel BV is entitled at all times to request proof of the policy and of premium payments. The customer indemnifies Bierkasteel BV for any claims that could be made directly against it by the customer’s guests.

10. Damage to installations and the infrastructure of Bierkasteel BV falls jointly under the responsibility of the person who caused the damage and the customer. In the absence of written and prior comments, the customer is considered to have received the installations and infrastructure in perfect condition.

11. The customer will, at their own cost, ensure sufficient measures to guarantee the safety (including fire protection, etc.) of the activity they have organised. The requirements related to safety, fire prevention, sound nuisance, etc. must be strictly complied with by the customer. Failing which, Bierkasteel BV retains the right to stop the activity immediately, without the customer being entitled to claim any damages. Bierkasteel BV is neither contractually nor extra-contractually liable for any damage resulting from non-compliance with the above requirements related to safety, fire prevention, noise nuisance, etc.

12. To be admissible, any complaint arising during the event itself should be communicated and delivered by registered mail within eight days after the event. After this period, the delivery and performances are deemed to be definitively accepted by the customer. After consumption of the delivered food and beverages no complaint can be submitted. Insofar as the liability of Bierkasteel BV is concerned, this is solely limited to the direct damage, which is limited to a maximum of the price of the full execution of the agreement. Any complaints do not suspend the customer’s payment obligations.

13. Bierkasteel BV cannot be held liable for non-compliance with its contractual obligations as a consequence of force majeure or ‘external cause’. In the event of external cause and force majeure (Articles 1147 and 1148 Civil Code), even when this does not render performance completely impossible and/or for the full duration, Bierkasteel BV is legally entitled to suspend or unilaterally cancel its commitments after having informed the customer thereof in writing. In that event, Bierkasteel BV will not be required to pay any damages, not even for late performance. Conventionally designated as ‘external cause’ and force majeure: all disruptions or obstacles in the company and with the deliveries, all unforeseen events at Bierkasteel BV or at the firms supplying its goods, all transport restrictions or delays, in addition to non-delivery of goods by suppliers, strikes, lockdowns, exclusions, export or import bans or restrictions, fire or accidents, mobilisation, war or disturbances, theft, government decisions, and this when these ‘external causes’ or force majeure occur at Bierkasteel BV as well as at its suppliers. In that event, the advances already paid will be reimbursed to the customer.

14. The stated prices are always exclusive of VAT, unless stated otherwise. When an event is booked, the customer commits to inform Bierkasteel BV of the exact number of guests no later than seven days before the start of the event AND to have paid the invoice for the advance payment in advance to the bank account of Bierkasteel BV. Non-compliance with its payment terms and conditions entitles Bierkasteel BV to suspend all performances, deliveries and works at the customer’s risk. Non-payment on the due date is likewise considered a serious default, which entitles Bierkasteel BV to proceed to the dissolution of the agreement. In the event of non-payment of an invoice on the due date, all other invoices become immediately due and payable by operation of law. If the customer completely cancels the event, all transferred advances will be deemed to be damages for lost profit and thus definitely retained on the part of Bierkasteel BV. In the event of contractual default on the part of Bierkasteel BV, the customer will be authorised at most to claim an equivalent compensation.

15. Any excess consumption of beverages and food above the agreed amount will be charged at the prices applicable in the Brasserie. The staff and the agreed end time will be charged according to the agreed and signed quote. Bierkasteel BV retains the right to revise the prices in the event of significant changes to the market prices of the products. Bierkasteel BV will issue the balance invoice for the excess consumption to the customer no later than within seven days after the event. All invoices are payable in cash at the registered offices of Bierkasteel BV. In the event of non-payment on the due date, a late payment interest of 1% per month will automatically be due by law and without notice of default. Also, in the event of non-payment on the due date, a fixed compensation of 15% of the invoice amount will be due, of a minimum of 125 EUR. Non-compliance with its payment terms and conditions entitles Bierkasteel BV to suspend all performances, deliveries and works at the customer’s risk. Non-payment on the due date is likewise considered a serious default, which entitles Bierkasteel BV to proceed to the dissolution of the agreement. In the event of non-payment of an invoice on the due date, all other invoices become immediately due and payable by operation of law. In the event of contractual default on the part of Bierkasteel BV, the customer will be authorised at most to claim equivalent compensation.

16. The agreements are concluded in Izegem and are subject to Belgian law. Any dispute which the interpretation or execution of the agreement could give rise to, falls, even in urgent cases (i.e. proceedings in summary judgement) under the jurisdiction of the court of the judicial district of West Flanders, Kortrijk section.

17. We collect and process the personal/company data we receive from you for the purposes of the execution of the agreement, customer management, the purchases, and direct marketing activities. The legal grounds are the execution of the agreement, the fulfilment of statutory and regulatory requirements and/or legitimate interest. Your data are processed in a careful manner in accordance with the legal requirements resulting from the GDPR and the Belgian equivalent ‘Algemene Verordening Gegevensbescherming’. The customer confirms that they have been adequately informed about the processing of their personal data and about their rights of access, to rectification, to erasure and to object. For more information, you can consult our privacy statement on our website: bierkasteel.be

The possible nullity of one or more provisions of the current general terms and conditions will in no event result in the nullity of the entire agreement. The other provisions will remain in full force.