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).
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
"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 Nomad Cooks Limited, whose registered office is Knockwood House, Nether Wallop SO20 8EL, incorporated and registered in England and Wales with Companies House under company number 11514685, 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
“Website” shall mean www.nomadcooks.co.uk
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.
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.
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.
2.1 If the reason is because the Chef or the Customer is affected by an event of Force Majeure the parties will endeavor 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)
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.
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:
The conditions below are also attached to the Cooking Services:
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.
Payment on Booking
A booking is not confirmed until the customer pays the Total Fee for the Cooking Services in accordance with Section 5
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 within five working days.
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@example.com with full details.
Clause Y: Cancellation policy
If the Customer cancels the booking:
In the event that a Guest is no longer able to attend, the Customer will have to inform the Company. The amount paid for the Guest will be refunded in line with the conditions set out above proportionally to the total number of guests.
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.
The parties acknowledge and agree that the Chef is not an employee or agent of the company but an independent contractor.
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.
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.
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.
Save as set out in Clause Y, no party shall have the right to terminate a Booking.
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.