Southern Flavours

General Terms and Conditions Private Dining

Version October 2026 · Dutch original (PDF) · General Terms and Conditions Restaurants and Business

General terms and conditions of the sole proprietorship Kana Chefkok, also trading as Southern Flavours, established and having its place of business in Rotterdam, the Netherlands, registered in the trade register of the Netherlands Chamber of Commerce under number 92182224, VAT identification number NL004941749B93, reachable at southern.flavours@outlook.com. These general terms and conditions apply to agreements with consumers. Agreements with clients acting in the course of a profession or business are governed exclusively by the General Terms and Conditions Restaurants and Business. This is a translation of the Dutch original; in the event of any difference in interpretation, the Dutch text shall prevail.

Part I · General provisions

Article 1 · Definitions

In these General Terms and Conditions the following capitalised terms shall have the meanings set out below:

Deposit: the amount referred to in article 10.1;
Offer: any quotation and any Written confirmation of the Contractor setting out the terms of an Assignment;
General Terms and Conditions: these general terms and conditions;
Cancellation: the Written termination of the Agreement by the Client within the meaning of article 7:408(1) DCC, as well as the Assignment not proceeding, in whole or in part, owing to the Client;
DCC: the Dutch Civil Code (Burgerlijk Wetboek);
Day: a calendar day;
Returning Client: a Client who has previously concluded an Agreement with the Contractor that has been performed;
Guests: the persons for whom cooking takes place in performance of the Assignment;
Booked Hours: the number of hours stated in the Offer, subject to the minimum referred to in article 9.2;
Location: the place of performance designated by the Client, including the kitchen present there;
Assignment: the work to be performed by the Contractor for the Client, as further described in article 6;
Client: the natural person, not acting in the course of a profession or business, who enters into or wishes to enter into an Agreement with the Contractor;
Contractor: the sole proprietorship Kana Chefkok, also trading as Southern Flavours, registered in the trade register under number 92182224;
Agreement: the contract for services within the meaning of article 7:400 DCC between the Contractor and the Client;
Parties: the Contractor and the Client jointly;
Written: by letter or by e-mail.

Article 2 · Applicability

The General Terms and Conditions apply to every Offer, every Agreement and all legal relationships arising therefrom.
The Contractor makes the General Terms and Conditions available electronically before or at the conclusion of the Agreement, in such a manner that the Client can store and consult them, as referred to in article 6:234 DCC.
Deviations from the General Terms and Conditions shall only be valid if and insofar as they have been agreed in Writing, and shall apply exclusively to the Agreement for which they were agreed.
In the event of conflict between the Written confirmation of the Agreement and the General Terms and Conditions, the Written confirmation shall prevail.
Should any provision of the General Terms and Conditions be or become null and void or be annulled, the remaining provisions shall remain in full force. The Parties shall in that event consult with a view to agreeing a replacement provision approximating the purport of the original provision as closely as possible.
Every provision of the General Terms and Conditions limiting or excluding the liability of the Contractor is also stipulated for the benefit of the assistants and replacements engaged by the Contractor in the performance of the Assignment, as referred to in article 6:257 DCC.
In the event of any difference in interpretation between the Dutch text and this translation, the Dutch text shall prevail.

Part II · Formation

Article 3 · Request and Offer

A request by the Client, however made, does not oblige the Contractor to make an Offer or to enter into an Agreement.
An Offer is without obligation and valid for fourteen Days from its date, unless another period is stated therein. An Offer shall state at least the date, the start and end time, the Location, the number of Guests, the hourly rate including VAT, the travel costs, any applicable surcharges, the arrangements regarding ingredients and whether a Deposit is due.
The Contractor shall not be bound by an Offer containing an obvious error or clerical mistake.

Article 4 · Formation of the Agreement

For a first Assignment, the Agreement is formed by acceptance of the Offer, such acceptance being made exclusively by timely payment of the Deposit. The Offer shall lapse if the Deposit has not been received within seven Days of the Offer being sent or, if the date of the Assignment falls earlier, on the Day preceding that date at the latest.
In respect of a Returning Client, the Client's request constitutes an offer and the Agreement is formed at the moment the Contractor accepts that offer in Writing. No Deposit is due in that case.
The Contractor shall confirm the formation of the Agreement in Writing without delay.

Article 5 · Exclusion of the right of withdrawal

The Assignment concerns a service related to leisure activities, namely the preparation of meals, to be performed on a specific date under the Agreement. Pursuant to article 6:230p DCC, implementing article 16(l) of Directive 2011/83/EU, the Client therefore has no right of withdrawal, including where the Agreement has been concluded at a distance.
The provisions of article 11 regarding Cancellation remain fully applicable.

Part III · Performance

Article 6 · Scope and performance of the Assignment

The Assignment comprises:
1. composing the menu in consultation with the Client;
2. purchasing the ingredients, insofar as agreed;
3. preparing the meals at the Location; and
4. clearing the Contractor's own workplace.
Unless expressly agreed in Writing, the Assignment does not include service staff, washing up, tableware, beverages or catering equipment, including food warmers, additional refrigeration, transport and a mobile kitchen. The Contractor works exclusively with the kitchen equipment present at the Location.
The Contractor shall perform the Assignment with the care of a good contractor as referred to in article 7:401 DCC, in accordance with the standards of good workmanship and the Dutch hygiene code for the hospitality industry (Hygiënecode voor de Horeca). The Contractor's obligation is an obligation of best efforts.
The Client determines the intended result, including the menu, the style and the course of the occasion. The Contractor determines the manner in which the work is performed.
The Contractor is entitled to be assisted by assistants in the performance of the Assignment, in consultation with the Client.
Upon completion of the Assignment the Contractor shall advise on the storage of leftovers. The storage and consumption of leftovers shall be for the account and risk of the Client.

Article 7 · Obligations of the Client

The Client shall ensure timely access to a clean, safe and properly functioning kitchen, provided with sufficient working space, a hob or other heat source, running water and refrigeration, and shall inform the Contractor in good time of any limitation thereof.
The Client shall inform the Contractor in good time of all circumstances relevant to the performance of the Assignment, including particular risks at the Location, and warrants the accuracy and completeness of the information provided by or on behalf of the Client.
No later than five Days before the date of the Assignment, the Client shall provide in Writing the final number of Guests and all allergies, intolerances and dietary requirements, and shall verify from the Written confirmation that these have been correctly understood by the Contractor. A lower number of Guests shall not affect the number of Booked Hours.
The Contractor neither serves nor sells alcoholic beverages, unless otherwise agreed in Writing. The Client, as host, is responsible for the provision of alcoholic beverages and shall ensure that none is provided to persons under the age of eighteen.
The Client warrants that it is entitled to provide personal data of Guests, including names and information concerning allergies, to the Contractor.
The Client is responsible towards the Contractor for the conduct of the Guests and shall compensate any damage caused by the Client or the Guests to the property of the Contractor or its assistants.

Article 8 · Allergens

Upon request, the Contractor shall provide the Client, per dish, with information on the presence of the substances and products causing allergies or intolerances as referred to in Regulation (EU) No 1169/2011.
Preparation takes place in a kitchen that is not allergen-free. The presence of traces of allergens can therefore not be excluded; the Contractor gives no warranty in this respect. The Client shall inform the Guests accordingly.
Where, in the reasonable opinion of the Contractor, a severe allergy cannot responsibly be excluded, the Contractor is entitled to decline to cook for the Guest concerned. The Contractor shall notify the Client thereof as soon as possible.

Part IV · Financial provisions

Article 9 · Rates and costs

The hourly rate is € 96.80 including 21% VAT (€ 80.00 excluding VAT). The hourly rate also covers the work referred to in article 6.1 under (a) and (b).
A minimum of four hours shall be charged per Assignment where the Location is situated within the municipality of Rotterdam, and of six hours where it is situated outside it.
Working time is the time from commencement to completion of the work at the Location, including preparation, set-up and clearing up, calculated per quarter hour commenced. Waiting time not attributable to the Contractor shall count as working time.
Work beyond the agreed end time shall only be performed with the Client's consent and charged at the applicable hourly rate.
For a Location outside the municipality of Rotterdam, travel costs amount to € 0.28 per kilometre including VAT (€ 0.23 excluding VAT), calculated over the return journey from Rotterdam by the shortest route of a common route planner. Parking costs at or near the Location are charged at cost, unless the Client provides a parking space.
Ingredients purchased by the Contractor are charged at cost, upon production of the receipts. For a substantial purchase the Contractor is entitled to require an advance payment.
Hours on an official public holiday (New Year's Day, Easter Sunday and Monday, King's Day, Liberation Day, Ascension Day, Whit Sunday and Monday, Christmas Day and Boxing Day) carry a surcharge of 50%, and hours between 00:00 and 06:00 a surcharge of 25%. Where the Assignment is requested less than seven Days before its date, a short-notice surcharge applies to all hours of 25%, or of 40% where the request is received less than forty-eight hours before the start time of the Assignment; the time at which the Contractor receives the request shall be decisive. Where more than one surcharge applies, only the highest surcharge is due per hour.
The Contractor is entitled to amend its rates per calendar year. An amendment shall not apply to Agreements formed before it takes effect.

Article 10 · Deposit, invoicing and payment

For a first Assignment a Deposit of € 10.00 including VAT is due, payable in accordance with article 4.1. The Deposit shall be set off against the final invoice.
Following performance of the Assignment the Contractor shall send a final invoice for the hours worked, travel costs, surcharges and ingredients, less the Deposit. Payment shall be made within fourteen Days of the invoice date.
Objections to an invoice must be raised in Writing, stating reasons, within fourteen Days of the invoice date. The undisputed part of the invoice shall be paid on time.
In the absence of timely payment, the Contractor shall send a reminder free of charge granting the Client a period of fourteen Days from receipt to pay, as referred to in article 6:96(6) DCC. Should payment not be made within that period, the Client shall owe the statutory interest referred to in article 6:119 DCC as well as the extrajudicial collection costs in accordance with the Dutch Decree on compensation for extrajudicial collection costs.
As long as any payment due, including an agreed advance, remains unpaid, the Contractor is entitled to suspend the performance of its obligations.

Part V · Cancellation and termination

Article 11 · Cancellation by the Client

The Client is entitled to cancel the Agreement at any time. Cancellation shall be made in Writing; the date of receipt by the Contractor shall be decisive.
Upon cancellation of a first Assignment no later than fourteen Days before the date of the Assignment, no costs are due and the Deposit is refunded in full. Upon cancellation thereafter, but no later than three Days before the date of the Assignment, the Deposit shall accrue to the Contractor by way of compensation for costs incurred and reasonable remuneration as referred to in article 7:411 DCC.
Upon cancellation by a Returning Client no later than three Days before the date of the Assignment, no costs are due.
Upon cancellation less than three Days before the date of the Assignment, as well as where the work cannot commence owing to the Client, including absence from the Location or refusal of access, the Client shall owe, by way of reasonable remuneration as referred to in article 7:411 DCC, an amount equal to 50% of the Booked Hours multiplied by the hourly rate. Any Deposit paid shall be deducted from that amount.
Without prejudice to the foregoing, the Client shall in all cases reimburse the costs already incurred by the Contractor for the Assignment that cannot be recovered, including the cost of ingredients already purchased.

Article 12 · Suspension and termination by the Contractor

The Contractor is entitled to interrupt or terminate the work with immediate effect if the workplace is unsafe, if the Contractor or its assistants are threatened, intimidated or harassed, or if the conduct of Guests prevents a safe and proper performance of the Assignment. In that event the remuneration for the Booked Hours shall remain payable in full.
The Contractor may terminate the Agreement for compelling reasons only. In that event any Deposit paid shall be refunded in full.

Article 13 · Force majeure

Force majeure means any circumstance as referred to in article 6:75 DCC preventing the performance of the Agreement by the Contractor, including in any event: illness or accident of the Contractor or its assistants, extreme weather conditions, serious traffic disruption, government measures and failures of the gas, electricity or water supply at the Location.
The Contractor shall notify the Client of a force majeure situation without delay. With the Client's consent the Contractor may deploy an equivalent replacement cook.
If the Assignment does not proceed owing to force majeure, any Deposit paid shall be refunded in full and neither Party shall be liable to pay damages.

Part VI · Liability and complaints

Article 14 · Liability

The Contractor shall only be liable for damage resulting from a shortcoming in the performance of the Agreement attributable to the Contractor, or from a tort attributable to the Contractor.
The liability of the Contractor is limited to the amount paid out in the case concerned under its business liability insurance, increased by the deductible. If no payment is made, liability is limited to the invoice amount of the Assignment in the context of which the damage arose.
The Contractor shall not be liable for damage arising because:
1. the Client provided incorrect or incomplete information, including failure to report an allergy;
2. the equipment or facilities at the Location are defective;
3. ingredients supplied by the Client are defective;
4. food was not stored or reheated in accordance with the Contractor's advice after completion of the Assignment; or
5. equipment of the Client shows wear during normal use or reveals a pre-existing defect.
The limitations and exclusions of this article shall not apply where the damage results from intent or deliberate recklessness of the Contractor, nor to damage resulting from death or personal injury, nor insofar as mandatory law precludes them.

Article 15 · Complaints

Complaints regarding the performance of the Assignment are preferably raised immediately on site, so that the Contractor may address them forthwith, and shall in any event be submitted in Writing, stating reasons, within a reasonable time after the Client discovered or ought to have discovered the shortcoming, as referred to in article 6:89 DCC. A complaint submitted within two months of discovery shall in any event be deemed timely.
The Contractor shall respond to a complaint in substance within fourteen Days of receipt.
A complaint relating solely to subjective taste shall not constitute grounds for a price reduction, unless agreed elements of the Assignment are missing or have not been performed in accordance with the Agreement.

Part VII · Final provisions

Article 16 · Intellectual property and images

All intellectual property rights in the menus, recipes, texts and images created by the Contractor vest in the Contractor. The Client acquires the right to use the menu for the purposes of the Assignment, but not the right to publish or reproduce it without prior Written consent.
The Contractor is entitled to produce images of its dishes and workplace for its portfolio and social media, without recognisable persons and without mentioning the Client's name or address, unless the Client objects in advance. Recognisable persons shall only be photographed with their consent.

Article 17 · Confidentiality and personal data

The Contractor shall observe confidentiality with regard to all that comes to its knowledge in the performance of the Assignment and of which it knows or ought reasonably to know the confidential nature.
The Contractor processes personal data as controller within the meaning of the General Data Protection Regulation, solely for the performance of the Agreement and the associated administration, and in accordance with the privacy statement.

Article 18 · Governing law and disputes

The Agreement and the General Terms and Conditions are governed exclusively by Dutch law, without prejudice to the protection afforded to the Client by the mandatory provisions of the law of the country of the Client's habitual residence.
The Parties shall endeavour to settle disputes amicably. Should this prove impossible, disputes shall be submitted to the court having jurisdiction by law.

Article 19 · Amendment and availability

The Contractor is entitled to amend the General Terms and Conditions. An Agreement is governed by the version in force at the time the Agreement was formed.
The General Terms and Conditions can be consulted and stored at southern-flavours.nl/terms-private (Dutch original: southern-flavours.nl/voorwaarden-particulier) and will be sent free of charge upon request.

Kana Chefkok, trading as Southern Flavours · Chamber of Commerce 92182224 · VAT ID NL004941749B93 · Rotterdam · southern.flavours@outlook.com

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