Terms and Conditions

THE DUTCH FOODIE TERMS & CONDITIONS FOR THE PROVISION OF CATERING SERVICES

1. DEFINITIONS

In these Terms and Conditions the following expressions shall have the following meanings:

1.1 “Additional Costs” means such additional costs attributable to the provision of Additional Services to the Client by The Dutch Foodie together with ancillary charges for delivery and collection of supplies, storage, corkage and handling charges that may be charged by The Dutch Foodie from time to time (which shall include VAT where applicable and/or other taxes, duties and appropriate other charges) details of which will be set out in the relevant Invoice.

1.2 “Additional Services” means any additional services The Dutch Foodie may agree to provide or has provided to the Client in accordance with Clause 6 of these Terms and Conditions;

1.3 “Agreement” means any agreement between The Dutch Foodie and the Client for the provision of Catering Services incorporating these Terms and Conditions including the Schedules, Order, Event Plan, any quotation and Invoices;

1.4 “Business Day(s)” means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business. Business Days may also be referred to as “Working Day(s)”;

1.5 “Balance Invoice” means the balance invoice issued by the Dutch Foodie;

1.6 “Catering Services” means the catering and/or other services set out in the Event Plan together with the Order, any Additional Services agreed to be provided to the Client by The Dutch Foodie under the terms of the Agreement. This excludes online cooking coaching services or programmes, for which separate terms are available;

1.7 “Client” means the customer named in the Event Plan and the Order purchasing the Catering Services;

1.8 “Deposit Invoice” means an invoice for the deposit paid or payable in respect of the Catering Services;

1.9 “Event” means the event for which the Client requests Catering Services from the Dutch Foodie;

1.10 “Event Date” means the date and time of the event specified in the Order;

1.11 “Event Plan” means the description or specification of the Catering Services provided in writing by The Dutch Foodie to the Client including the cost summary applicable for such Catering Services;

1.12 “Facilities” means the facilities and/or equipment to be provided by or on behalf of the Client at the Premises on the Event Date;

1.13 “Invoice” means any invoice issued and/or despatched to the Client detailing the Catering Services, the Price, Additional Services and any Additional Costs;

1.14 “Intellectual Property Rights” patents, rights to inventions, copyright, related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

1.15 “Order” means the order from the Client to The Dutch Foodie as set out in Clause 2;

1.16 “Order Confirmation” means the confirmation of the Order in accordance with Clause 2.5;

1.17 “Party” or “Parties” means the Client and/or The Dutch Foodie either individually or together as applicable in context;

1.18 “Price” means the price to be paid by the Client to The Dutch Foodie for the Catering Services as specified in the latest Event Plan shared between the Parties excluding VAT where applicable and/or other taxes, duties and appropriate other charges;

1.19 “Premises” means the premises specified in the Event Plan at which the Catering Services are to be provided;

1.20 “The Dutch Foodie” is a trade name of Wilhelmina Enterprises Ltd, a company registered in England in England and Wales with company number 11219774 with its registered office at 8 Brooklands, Carlton Road, South Godstone, Surrey RH9 8LH;

1.21 “The Dutch Foodie Materials” has the meaning given in Clause 3.1.4;

1.22 “Terms and Conditions” means the terms and conditions set out in this document.

2. APPLICATION OF TERMS

2.1 Any Event Plan is provided on the basis that it is not an offer capable of acceptance and is only valid for a period of 15 Business Days from its date of issue unless otherwise stated therein.

2.2 Once the Event Plan (including but not limited to the quotation included therein) is confirmed by the Client in writing or on the telephone (“Order”), The Dutch Foodie may issue the Deposit Invoice to the Client.

2.3 An Order for Catering Services placed by the Client shall be deemed to be an Agreement by the Client to purchase Catering Services subject to these Terms and Conditions.

2.4 An Order placed by the Client shall be deemed agreement of the latest Event Plan issued by The Dutch Foodie, which includes a Price quotation in respect of the Event. The Parties may however agree the finer detail of the final Event Plan post Order, in which case the Balance Invoice will deal with any resulting delta impact on the Price and the Catering Services on the Event Date will be in accordance with the latest Event Plan issued by The Dutch Foodie to The Client.

2.5 No Order placed by the Client shall be deemed valid nor accepted by The Dutch Foodie until the Deposit Invoice is paid by the Client or (if earlier) The Dutch Foodie delivers the Catering Services to the Client (“Order Confirmation”). Upon Order Confirmation, the Client and The Dutch Foodie shall be legally bound in respect of the supply of Catering Services at the Premises on the Event Date in accordance with the latest Event Plan and these Terms and Conditions.

2.6 If the Client wishes to modify an Order (including changes to numbers of guests or Catering Services), it is entitled to do so provided such request to modify is provided in writing no less than 10 Business Days prior to the Event Date. If the Order is so amended by the Client, a revised quote shall be issued by The Dutch Foodie and the quotation process described in Clauses 2.2, 2.3, and 2.4 shall apply to such modified Order. For the avoidance of doubt, in the event the Client and The Dutch Foodie do not reach agreement on the Client requested modifications, the unamendedl Order shall apply.

2.7 Subject to any variation under Clause 2.9, the Agreement will be governed by these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Client purports to apply under any enquiry, Order, specification or other document).

2.8 No terms or conditions endorsed upon, delivered with or contained in the Client’s Order, specification or other document will form part of the Agreement simply as a result of such document being referred to in the Agreement.

2.9 These Terms and Conditions apply to the Catering Services provided by The Dutch Foodie to the Client and any variation to these Terms and Conditions and any representations about the Catering Services shall have no effect unless set out in the Agreement or as expressly agreed in writing and signed by The Dutch Foodie.

2.10 The Client shall ensure that the terms of its Order and any applicable specifications set out in the Event Plan are complete and accurate.

3. THE DUTCH FOODIE’S OBLIGATIONS

4.1 The Dutch Foodie shall be responsible for:

3.1.1 providing the Catering Services in accordance with the Event Plan in all material effects at the Premises on the Event Date;

3.1.2 ordering and purchasing of all supplies and equipment (other than the Facilities) used by The Dutch Foodie as set out in the Event Plan and required to provide the Catering Services. Such supplies to be ordered in the name of and/or on behalf of The Dutch Foodie and not the Client and shall remain the property of The Dutch Foodie;

3.1.3 choosing, preparing and pricing all food and beverages supplied as set out in the Event Plan (subject to reasonable prior consultation with the Client);

3.1.4 providing staff as is required for the provision of the Catering Services and all administration relating thereto;

3.1.5 paying all suppliers with whom The Dutch Foodie may enter into contracts with in accordance with Clause 3.1.2;

3.1.6 removing The Dutch Foodie Materials from the Premises after the Event ensuring that post event, the Premises are left in as clean a condition as they were at before the Event;

3.1.7 effecting and maintaining insurance cover in respect of the following risks arising from the provision of the Catering Services: public and product liability but not for more than £1 million in respect of any one incident or period of insurance.

3.2 The Dutch Foodie shall have the right to make any changes to the Catering Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Catering Services. The Dutch Foodie shall only be required to notify the Client if such change has a material impact on the provision of the Catering Services and/or the Price.

3.3 Specific items on menus, decoration or other items to be supplied by The Dutch Foodie are subject to market availability and The Dutch Foodie shall notify the Client as soon as practicable if any item will not be available on the Event Date.

4. THE GRANT AND THE CLIENT’S OBLIGATIONS

4.1 The Client grants to The Dutch Foodie or shall procure the right for The Dutch Foodie to supply the Catering Services and any Additional Services at the Premises on the Event Date and shall be responsible for:

4.1.1 ensuring the Premises are fit for purpose and enable The Dutch Foodie to perform the Catering Services in accordance with the Agreement;

4.1.2 where appropriate, preparing the Premises for the supply of the Catering Services;

4.1.3 obtaining and maintaining all necessary licences, permissions and consents which may be required before the Event Date;

4.1.4 keeping and maintaining all materials, equipment, documents and other property of The Dutch Foodie (“The Dutch Foodie Materials”) at the Premises in safe custody at its own risk, maintain The Dutch Foodie Materials in good condition until returned to The Dutch Foodie, and not damage, dispose of or use The Dutch Foodie Materials other than in accordance with The Dutch Foodie’s written instructions or authorisation;

4.1.5 providing the Facilities and paying all suppliers whom the Client enters into contracts with to provide the Facilities;

4.1.6 providing The Dutch Foodie, its employees, agents, consultants and subcontractors, with access to the Premises, office accommodation and other facilities as reasonably required by The Dutch Foodie in order to perform the Catering Services;

4.1.7 paying the Price and any Additional Costs in accordance with Clause 5;

4.1.8 providing and maintaining of (renewing and repairing where necessary):

(a) first aid and fire fighting equipment; and

(b) such other plant or equipment as may be agreed in writing between the Client and The Dutch Foodie or as may be reasonably required by The Dutch Foodie for the provision of the Catering Services;

4.1.9 providing water, heating, lighting, electricity, gas and any other fuel required together with sewerage and refuse collection facilities;

4.1.10 all cleaning (other than that which is the responsibility of The Dutch Foodie under Clause 3.1.6) including the cleanliness of walls above the level of 6 feet from floor level, windows, ceilings, lighting and ventilation fittings and floor surfaces and furniture in dining areas;

4.1.11 effecting and maintaining all insurance (other than that which is the responsibility of The Dutch Foodie under Clause 3.1.7) including insurance for the Premises and loss or damage to the plant and equipment; and

4.1.12 ensuring that no smoking is permitted in the Premises in accordance with the Smoke-Free Premises and Enforcement Regulations 2006.

4.2 The matters to be undertaken or provided in accordance with Clause 4.1 are to be undertaken and provided at the Client’s cost and subject to all statutory provisions or regulations relating thereto.

5. PRICE AND PAYMENT

5.1 The Price shall be paid by the Client to The Dutch Foodie in cleared funds as follows (the “Due Dates”) and time for payment shall be of essence:

5.1.1 a deposit amount equal to 50% of the Price (which shall be offset against the Price) shall be due upon receipt of the Deposit Invoice in order to secure the booking;

5.1.2 minimum 5 Business Days prior to the Event Date (and following payment of the sums described in Clause 5.1.1), the Client shall pay to The Dutch Foodie the balance of the Price, as may have been adjusted in accordance with Clause 2.2;

5.1.3 any Additional Costs shall be due within 7 Days of issue of the relevant Invoice for such Additional Costs; and

5.1.4 notwithstanding Clauses 5.1.1 to 5.1.3, The Dutch Foodie reserves the right to require the Price to be paid in full by the Client immediately upon despatch of the relevant Invoice by The Dutch Foodie.

5.2 Any rates, prices and discounts stated in catalogues, lists, mail shots, advertisements and other documents issued by The Dutch Foodie are subject to variation at any time without prior notice.

5.3 Unless expressly stated otherwise herein, the Client shall pay each Invoice which is properly due and submitted to it by The Dutch Foodie within 5 Business Days of receipt or as otherwise stated on the applicable Invoice to a bank account nominated by The Dutch Foodie, but no later than the Event Date.

5.4 If any instalment of the Price is not paid in full by any of the Due Dates, The Dutch Foodie may:

5.4.1 cancel or suspend commencement of the Catering Services; and

5.4.2 charge the Client interest (both before and after any judgment) on the outstanding amount at a rate of 4% per annum above the base rate of the Barclays Bank Plc from time to time, until payment is made in full (a part of a month being treated as a full month for the purposes of calculating interest).

5.5 All amounts payable by the Client under the Agreement are exclusive of amounts in respect of value added tax chargeable for the time being (“VAT”). Where any taxable supply for VAT purposes is made under the Agreement by The Dutch Foodie to the Client, the Client shall, on receipt of a valid VAT Invoice from The Dutch Foodie, pay to The Dutch Foodie, such additional amounts in respect of VAT as are chargeable on the supply of the Catering Services at the same time payment is due for the supply of the Catering Services.

5.6 Except with the express agreement in writing of The Dutch Foodie, no deduction shall be made by the Client from any payment for or on account of any matter or thing whatsoever including, but not limited to any set-off, compensation, counter-claim or present or future taxes. This Clause 6.6 shall not apply to any Clients acting as a consumer.

5.7 The Client shall reimburse The Dutch Foodie on a full indemnity basis for all costs and expenses incurred in connection with the recovery of any money due to The Dutch Foodie under the Agreement. This Clause 6.7 shall not apply to any Clients acting as a consumer.

5.8 Any alcoholic and non-alcoholic beverages that are requested by the Client will be charged per the quoted amount stated in the Event Plan and not by consumption.

5.9 The Dutch Foodie reserves the right to request a damage deposit for hired materials. In addition, The Dutch Foodie reserves the right to charge for lost or damaged The Dutch Foodie Materials.

5.10 All payments are final.

6. ADDITIONAL SERVICES

6.1 At any time not less than 10 Business Days prior to the Event Date, the Client may submit a written request to The Dutch Foodie for the provision of Additional Services.

6.2 The Dutch Foodie may, at its sole discretion, either accept or reject such request, subject to the Client’s acceptance of a revised quote which incorporates the Additional Costs arising from the provision of such Additional Services, in accordance with Clause 2.6.

6.4 The Dutch Foodie, its agents or subcontractors may incur Additional Costs on the Event Date in the context of providing the Catering Services which are not included in the Price for the Catering Services such as additional hours, unforeseen parking charges and similar. The Dutch Foodie reserves the right to invoice for such Additional Costs (to the extent reasonably incurred) and the Client shall be liable to pay for such Invoice in accordance with Clause 2.6.

6.3 In order to maintain and ensure compliance with food safety hygiene and health and safety legislation and regulations the Client shall not itself provide or engage any person, organisation or firm other than The Dutch Foodie to provide catering services at the Premises on the Event Date unless agreed in writing by the Parties prior to the Event Date.

7. INTELLECTUAL PROPERTY

7.1 All Intellectual Property Rights in or arising out of or in connection with the Catering Services shall be owned by The Dutch Foodie.

7.2 The Dutch Foodie acknowledges that, in respect of any third Party Intellectual Property Rights, The Dutch Foodie’s use of any such Intellectual Property Rights is conditional on the Client obtaining a written licence from the relevant licensor on such terms as will entitle the Client to license such rights to The Dutch Foodie.

7.3 All The Dutch Foodie Materials and any Intellectual Property Rights therein are the exclusive property of The Dutch Foodie, unless stated otherwise in the Order Confirmation.

8. FORCE MAJEURE

The Dutch Foodie shall not have any liability under or be deemed to be in breach of the Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of The Dutch Foodie. The Dutch Foodie shall promptly notify the Client in writing or by telephone when it becomes reasonably aware of such circumstances causing a delay or failure in performance.

9. LIMITATION OF LIABILITY

9.1 Neither Party excludes or limits liability to the other Party for death, personal injury or fraud. The Dutch Foodie does not exclude liability for:

9.1.1 breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

9.1.2 breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and

9.1.3 defective products under the Consumer Protection Act 1987.

9.2 Save as provided in Clause 10.1, The Dutch Foodie shall not be responsible for any losses, charges, costs and expenses (whether such losses or damages were foreseen, foreseeable, known or otherwise) whatsoever incurred or suffered of an indirect or consequential nature (including but not limited to loss of sales or turnover, actual or anticipated profit, opportunity, goodwill or reputation) which arise out of or in connection with the Catering Services (including but not limited to any advice or recommendations provided by The Dutch Foodie) and in no event shall The Dutch Foodie be liable for any losses, charges, costs and expenses arising from the Client’s provision of the Facilities hereunder or for any food or beverage supplied by the Client or a third Party.

9.3 If The Dutch Foodie’s performance of any of its obligations under the Agreement is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (“Client Default”):

9.3.1 The Dutch Foodie shall without limiting its other rights or remedies have the right to suspend performance of the Catering Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays The Dutch Foodie’s performance of any of its obligations; and

10.3.2 The Dutch Foodie shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from The Dutch Foodie’s failure or delay to perform any of its obligations as set out in this Clause 10; and

9.3.3 the Client shall reimburse The Dutch Foodie on written demand for any costs or losses sustained or incurred by The Dutch Foodie arising directly or indirectly from the Client Default.

9.4 Subject to Clause 9.2 and 9.3, The Dutch Foodie’s aggregate liability in contract, tort (including negligence), breach of statutory duty (misrepresentation or otherwise) arising under or in connection with the Agreement or any act or omission by The Dutch Foodie in the performance of its obligations under the Agreement shall not exceed the aggregate of all sums paid or payable to The Dutch Foodie under the Agreement.

9.6 Any advice or recommendation given by The Dutch Foodie or its employees or subcontractors shall be followed or acted upon entirely at the Client’s risk.

9.7 The Dutch Foodie does not accept any liability or responsibility for storage or consumption of leftover food left at the premises in agreement with the Client

10. CONSUMER RIGHTS

10.1 This Clause 11 shall only apply where the Client is a consumer (i.e. an individual not acting in the course of their business, trade or profession). The Client is entitled to the following remedies:-

10.1.1 in the event the items supplied as part of the Catering Services are not of satisfactory quality or mis-described:

(a) The Dutch Foodie shall refund the price quoted in respect of the unsatisfactory quality or mis-described item(s) in full, and any reasonable costs the Client incurs in returning the items to The Dutch Foodie; and

(b) such refund shall be made using the same method of payment used to make the payment.

10.1.2 If any non-rapidly deteriorating items (such as bottles of wine or third-Party hire items) are delivered to the Client:

(a) the Client shall return such items to The Dutch Foodie or the third Party engaged by The Dutch Foodie for the original delivery as applicable as soon as reasonably practicable;

(b) unless such items are of unsatisfactory quality or not as described (in this case, see Clause 11.1.1), the Client shall be responsible for the cost of returning such items to The Dutch Foodie; and

(c) the Client has a legal obligation to keep such items in its possession and to take reasonable care of such items while they are in its possession.

11. TERMINATION BY NOTICE

11.1 Notwithstanding Clause 10 (in the case of consumer Clients), the Client may elect to cancel an Order and terminate the Agreement provided it gives prior written notice and makes the following payments in respect of event fee, staff, subcontractors, third-Party hire items:-

(a) if notice is given within 5 Business Days prior to the Event Date, the Client shall pay The Dutch Foodie an amount equal to 100% of the relevant Price quoted in the Event Plan;

(b) if notice is given between 5 Business Days and 10 Business Days prior to the Event Date, the Client shall pay to The Dutch Foodie an amount equal to 75% of the relevant Price quoted in the Event Plan; or

c) if notice is given at any other time, The Dutch Foodie shall retain the deposit paid, as the deposit is non-refundable, except in the circumstances and to the extent set out in Clause 10.1.1.

11.2 If the Client is not acting as a consumer, in the event of termination under Clause 11.1, where termination takes effect within 10 Business Days of the Event Date (or, in the event of force majeure in accordance with Clause 8), The Dutch Foodie shall be entitled to retain such element of the Price paid as a deposit in accordance with Clause 5.1 to cover The Dutch Foodie’s costs incurred prior to such cancellation (or, in the event of force majeure) subject to The Dutch Foodie using its reasonable endeavours to mitigate its losses.

11.3 In the event The Dutch Foodie can not perform the Catering Services as ordered due to unforeseen circumstances, it will notify the Client at its earliest opportunity and at its sole discretion either a) arrange an alternative chef/caterer to perform the Catering Services or b) agree an alternative date with the Client to perform the Catering Services or c) provide a full refund of the monies paid.

12. TERMINATION FOR DEFAULT

12.1 Each Party may terminate the Agreement with immediate effect by giving written notice to the other Party if:

12.1.1 the other Party commits a material breach of its obligations under the Agreement and (if such breach is remediable) fails to remedy that breach within 5 Working Days following receipt of notice in writing to do so;

12.1.2 the other Party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986) or is deemed either unable to pay its debts or as having no reasonable prospect of so doing, (in either case, within the meaning of section 268 of the Insolvency Act 1986);

12.1.3 the other Party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;

12.1.4 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the other Party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of the other Party with one or more other companies or the solvent reconstruction of that other Party;

12.1.5 the other Party (being an individual) is the subject of a bankruptcy petition or order;

12.1.6 a creditor or encumbrancer of the other Party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;

12.1.7 an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other Party;

12.1.8 the holder of a qualifying charge over the assets of the other Party (being a company) has become entitled to appoint or has appointed an administrative receiver;

12.1.9 a person becomes entitled to appoint a receiver over the assets of the other Party or a receiver is appointed over the assets of the other Party;

12.1.10 any event occurs, or proceeding is taken, with respect to the other Party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in Clause 12.1.2 to Clause 12.1.9 (inclusive);

12.1.11 the other Party suspends, threatens to suspend, ceases or threatens to cease to carry on, all or substantially the whole of its business;

12.1.12 a Party’s financial position deteriorates to such an extent that in the other Party’s that Party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or

12.1.13 the other Party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.

13. ENTIRE UNDERSTANDING

13.1 The Agreement embodies the entire understanding of the Parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations oral or written express or implied other than those contained in the Agreement. Nothing said by any salesperson, agent, employee or other representative on The Dutch Foodie’s behalf should be understood as a variation of the Agreement or an authorised representation about the nature or quality of the Catering Services. Save for fraud or fraudulent misrepresentation, The Dutch Foodie shall have no liability for any such representation being untrue or misleading.

13.2 Any samples, pictures, drawings, descriptive matter or advertising issued by The Dutch Foodie, and any descriptions, pictures or illustrations contained in The Dutch Foodie’s emails, websites, catalogues, social media or brochures, are issued or published for the sole purpose of giving an approximate idea of the Catering Services described in them. They shall not form part of the Agreement or have any contractual force, subject to Clause 10.1.1

14. LAW AND JURISDICTION AND MEDIATION

The Agreement shall be governed by and construed in accordance with English law and the Parties submit to the exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with the Agreement. Notwithstanding the jurisdiction of the English courts the Parties will attempt in good faith to resolve any dispute or claim arising out of or relating to the Agreement promptly through negotiations between the Parties or the respective senior executives of the Parties who have authority to settle the same. If the matter is not resolved through negotiations, the Parties will attempt in good faith to resolve the dispute or claim through an alternative dispute resolution procedure recommended to the Parties by the Centre for Dispute Resolution.

15. THIRD PARTY RIGHTS

For the purposes of the Contracts (Rights of Third Parties) Act 1999 and (notwithstanding any other provision of the Agreement) this is not intended to, and does not, give any person who is not a Party to it any right to enforce any of its provisions.

16. NOTICES

16.1 Any notice given under the Agreement shall be in writing and may be served:

16.1.1 personally;

16.1.2 by registered or recorded delivery mail;

16.1.3 by any other means which a Party specifies by notice to the other.

16.2 Each Party’s address for the service of notice shall be the respective Party’s registered address or such other address as it specifies by notice to the other.

16.3 Notice shall be deemed to have been served:

16.3.1 if it was served in person, at the time of service; and

16.3.2 if it was served by post, 48 hours after it was posted;

17. MISCELLANEOUS

17.1 The Dutch Foodie may transfer its rights and obligations under the Agreement to another organisation, and if the Client is a consumer, The Dutch Foodie shall notify the Client in writing if this happens and this will not affect the Client’s rights or The Dutch Foodie’s obligations under the Agreement.

17.2 The Client may only transfer its rights or obligations under this Agreement to another person if agreed in writing by The Dutch Foodie.

17.3 Complaints must be addressed in writing to Wilhelmina Enterprises Ltd at its registered address within 14 days of the Event Date.

17.4 The Dutch Foodie privacy policy as set out on its website www.thedutchfoodie.com shall apply.

17.5 The Dutch Foodie reserves the right to update its Terms and Conditions and privacy policy from time to time.