Terms and conditions

Article 1 Definitions
1.1
In these General Terms and Conditions the following definitions apply:

Nomads of Taste: The company that offers event production, catering, food‑truck services and other services in the events and catering sector.
Client: The party that engages Nomads of Taste or gives an assignment.
Supplier: Any third party who, on behalf of Nomads of Taste, supplies products or services for the Client’s event.
1.2
In these conditions it shall apply that:
a. references to a person include natural persons as well as legal persons, partnerships, associations, institutions or government bodies;
b. references to persons include also their legal successors and assignees;
c. references to the plural include the singular and vice versa;
d. references to agreements or documents relate to the most recent version, including amendments;
e. references to articles relate to the articles in these conditions;
f. references to legislation include later amendments or replacement legislation;
g. references to consents or permits include any form of required approval;
h. “in writing” also includes communication by email.

Article 2 Quotations, offers and agreements
2.1
All quotations and offers of Nomads of Taste are without obligation until confirmed in writing. An assignment is only established when Nomads of Taste has accepted it in writing. Until then Nomads of Taste may adjust or withdraw the offer if there is reasonable cause.
2.2
If the Client accepts a quotation with changes or additional conditions, the agreement only comes into effect after Nomads of Taste has confirmed this in writing. Until that confirmation the original quotation remains the basis for execution.
2.3
Nomads of Taste may refuse an assignment in whole or in part without giving reasons.
2.4
The agreement and the resulting obligations take effect as soon as the assignment confirmation is confirmed by both parties, or at the moment the execution of the work actually commences.
2.5
The Client or the person who signs the agreement on behalf of the Client must be authorized to legally enter into the agreement. If it later appears that the person who signed was not authorized, the obligations under the agreement remain unaffected and any consequences or damage will be fully for the account of the Client.
2.6
Amendments to the quotation only become part of it if Nomads of Taste confirms this in writing. Until such confirmation the original quotation remains valid.
2.7
All changes before, during or after the execution of an assignment which result in extra work shall be regarded as additional work. This will be invoiced separately based on the rates known at the start of the assignment.
2.8
Client‑supplied changes prior to the execution date which fall outside the original agreement may incur additional costs. These possible extra costs will, where possible, be agreed in advance and then charged to the Client.
2.9
Client‑supplied changes submitted within 7 days before the execution date which fall outside the original agreement may incur extra costs. Nomads of Taste will make efforts to implement these changes, but cannot guarantee that this is reasonably possible. Any additional costs will, where possible, be agreed in advance and then charged to the Client.
2.10
Images, examples, dimensions, drawings or descriptions in a quotation are indicative and serve as an impression of the proposal. These data are only binding when this has been confirmed in writing by both parties.
2.11
Nomads of Taste may, if this has been agreed in advance with the Client, prepare agreements with third parties for the execution of the agreement. These agreements shall be entered into solely at the expense and risk of the Client when the Client has given prior written approval. In all other cases Nomads of Taste enters into the necessary agreements with third parties in its own name and bears the responsibility for these arrangements towards the Client. All agreements prepared in the name of the Client shall be submitted to the Client for prior approval.

Article 3 Rates
3.1
The applicable rates are communicated to the Client at the time the agreement is concluded. Adjusted rates may apply in case of changes in the assignment.
3.2
All rates and offers are in euros and exclusive of VAT. VAT and any other charges are calculated additionally.
3.3
Nomads of Taste reserves the right to reasonably adjust rates, for example in case of sudden price increases or inflation. Quotations are made subject to such changes.
3.4
A quotation that has not been accepted does not obligate Nomads of Taste to deliver or execute the goods or services listed in that quotation.
3.5
If the number of persons changes by more than 10 percent after the conclusion of the agreement, Nomads of Taste is entitled to:
• in case of reduction, apply the agreed rates and limit costs where reasonably possible;
• in case of increase, charge the additional costs at quoted prices.
3.6
In the event of a change greater than 10 percent, Nomads of Taste may unilaterally terminate the agreement without liability.
3.7
Changes under 10 percent must be communicated in writing no later than 14 days before the event date. If the reduction is notified too late, Nomads of Taste may apply full rates. In the case of an increase additional costs will be charged.
3.8
Dietary requirements and allergens not submitted in writing at least 14 days before the start of the execution of the agreement will only be processed by Nomads of Taste if this is operationally still feasible. Any extra costs that result from this will, where possible, be agreed in advance and charged to the Client.
3.9
Crew catering, meals and drinks for the crew are included in the agreement only if this is clearly stated in the quotation.

Article 4 Termination and cancellation
4.1
If the Client cancels the agreement, the Client is immediately liable to pay Nomads of Taste the following compensations, calculated on the basis of the quotation price agreed between the parties:
• for cancellation more than 50 days before the first day of execution: 20 percent
• for cancellation less than 50 days and more than 30 days before the first day of execution: 35 percent
• for cancellation less than 30 days and more than 14 days before the first day of execution: 50 percent
• for cancellation less than 14 days and more than 7 days before the first day of execution: 75 percent
• for cancellation less than 7 days before the first day of execution: 100 percent
Nomads of Taste will, where possible, try reasonably to minimise the cancellation damage. This does not affect the applicability of the above percentages in principle.
4.2
Cancellation of the agreement must always be in writing. The amount owed by the Client is determined by the date on which the written cancellation is received by Nomads of Taste.
4.3
Nomads of Taste has the right to wholly or partially terminate, dissolve or suspend the agreement if:
• further execution would be or becomes contrary to applicable laws or regulations;
• there is a force‑majeure situation;
• there is justified fear that the Client will not be able to fulfil their obligations.
4.4
If the Client fails to fulfil its obligations under the agreement, for example by not paying on time or failing to provide information on time, Nomads of Taste may immediately terminate or dissolve the agreement and suspend execution. In that case the Client is obliged to reimburse all costs incurred by Nomads of Taste, without prejudice to the right of Nomads of Taste to full compensation for damages, including consequential damage.
4.5
If the Client changes the number of persons specified in the agreement by more than 10 percent as referred to in article 3.6, Nomads of Taste may terminate or dissolve the agreement wholly or partially, or reasonably adjust the rates unilaterally. If no deposit has been paid and the Client does not accept the adjusted rates, the Client is obliged to reimburse all costs that Nomads of Taste has incurred up to that moment, including actual damage and any consequential losses.
4.6
Nomads of Taste works exclusively with suppliers who hold all required legal permits, inspections and other applicable requirements for the delivery of their products or services, including regulations in the field of food safety and other relevant permits. The primary responsibility for compliance with these rules lies with the supplier who prepares or delivers the products or performs the services. Except in cases of intentional misconduct or gross negligence by Nomads of Taste, Nomads of Taste indemnifies the Client against claims by third parties related to non‑compliance with food safety regulations, including personal injury and consequential damage, insofar as this damage directly results from products supplied by suppliers.

Article 5 Personnel
5.1
Unless otherwise agreed in writing, Nomads of Taste shall provide the personnel required for execution of the agreement. This also includes personnel hired through suppliers.
5.2
Nomads of Taste coordinates the deployment of personnel and suppliers. Personnel deployed by suppliers work under the responsibility of the respective supplier and must comply with all laws and regulations applicable to their employment and deployment. Personnel directly engaged by Nomads of Taste fall under the responsibility of Nomads of Taste and are deployed in accordance with professional standards.
5.3
Nomads of Taste is not liable for damage of any kind caused directly or indirectly by hired personnel, including personnel of suppliers, unless there is intent or gross negligence on the part of Nomads of Taste. If Nomads of Taste is nevertheless held liable, liability is limited to the greater of the following amounts: the fee stipulated in the agreement for the relevant services or the amount paid out by Nomads of Taste’s insurer in that instance.
5.4
Nomads of Taste is not liable for commitments or arrangements made without its permission by suppliers’ personnel or other hired personnel not directly engaged by Nomads of Taste. The Client indemnifies Nomads of Taste in respect of such commitments, as far as they do not arise from arrangements previously approved by Nomads of Taste.
5.5
The Client shall ensure a suitable liability insurance covering damage for which the Client is responsible under the agreement. This insurance aligns with the indemnities and liabilities described in this article.

Article 6 Ownership and retention of title
6.1
All materials supplied by Nomads of Taste such as mastic, tables, bars, chairs, glassware, crockery, linens and other non‑consumptive goods remain the property of Nomads of Taste or its suppliers. If these goods are left behind on‑site after the event, the Client must return them to Nomads of Taste.
6.2
Damage to or loss of such goods caused by the Client, its guests, invitees or personnel is entirely at the Client’s expense. Damage is reimbursed at cost price, including any additional costs. Normal wear and tear of mastic is, in reason, not considered damage.
6.3
The Client is not authorised to sell, pledge or otherwise encumber goods that fall under the retention of title of Nomads of Taste.
6.4
If third parties seize goods under retention of title of Nomads of Taste or attempt to exercise rights thereto, the Client shall immediately notify Nomads of Taste in writing.
6.5
If Nomads of Taste wishes to exercise its ownership rights, the Client irrevocably authorises Nomads of Taste to enter locations where the goods are situated and remove them. The Client shall provide all necessary cooperation for this purpose.

Article 7 Applicability and amendment of the general terms and conditions
7.1
These general terms and conditions form an integral part of every agreement and apply to all requests, offers, quotations, assignments, options and all other legal acts between Nomads of Taste and the Client, whether in writing or by telephone.
7.2
The general terms and conditions of the Client, in whatever form or name, are not applicable to the agreement. Nomads of Taste applies only its own general terms and conditions and expressly rejects any conditions of the Client.
7.3
Nomads of Taste may amend these general terms and conditions from time to time. The Client will be informed in writing at least one month before the effective date of the changes. If the Client finds the amendments unacceptable, the Client must notify Nomads of Taste in writing within ten business days after the date of the notice. Failure to do so shall be deemed acceptance of the amended conditions.
7.4
If any provision of these general terms and conditions is wholly or partially invalid or unenforceable, it shall be replaced by a provision that, to the greatest extent possible, addresses the same matter but is valid. The parties shall consult in good faith if necessary.
7.5
In the event of a conflict between the agreement and these general terms and conditions, the text of the agreement shall prevail.
7.6
If Nomads of Taste and the Client enter into multiple agreements, these general terms and conditions automatically apply to all subsequent agreements, even if not explicitly stated each time.
7.7
Unless otherwise agreed in writing, each party bears its own costs associated with the preparation, negotiation and signing of the agreement.

Article 8 Production and execution
8.1
Execution of the agreement is based on information provided by the Client regarding the nature of the assignment, numbers and other circumstances. Should this information differ in reality, Nomads of Taste is not liable for the consequences.
8.2
The Client guarantees that Nomads of Taste and involved suppliers have timely access to the location and the necessary facilities. This includes, but is not limited to, power, water and gas, which must be provided free of charge.
8.3
The Client is responsible for applying for and obtaining all required permits, permissions and exemptions necessary for the execution of the event.
8.4
The Client shall, at its own expense, take out appropriate event insurance. At Nomads of Taste’s request the Client shall provide a copy of the policy and conditions.
8.5
Nomads of Taste may engage third parties for the execution of parts of the agreement.
8.6
If the Client itself provides certain parts of the delivery or execution, the Client is responsible for the timely and proper execution thereof. Any consequences of untimely or inadequate execution are at the Client’s expense.
8.7
If the Client provides the location, the Client shall ensure all facilities and conditions reasonably required for correct execution of the agreement by Nomads of Taste and the suppliers engaged by Nomads of Taste. These include at least:
• a designated contact person of the Client reachable during set‑up, execution and breakdown for required information, coordination and instructions;
• power sockets as specified;
• water supply as specified;
• free, safe and timely access to the location for set‑up and breakdown as specified;
• a level surface suitable for the equipment used;
• parking and/or storage space for vehicles, transport and equipment;
• adequate lighting and basic safety facilities;
• compliance with location‑specific rules and regulations;
• all required permits, permissions or exemptions for use of the location and the activities performed on‑site.
If these facilities or permissions are not present or are inadequate, the Client is responsible for any resulting consequences, including delays, extra costs or necessary on‑site adjustments.
8.8
The Client indemnifies Nomads of Taste against claims by third parties, guests, suppliers or personnel in connection with damage occurring during or as a result of the event, insofar as this damage is not the result of intent or gross negligence of Nomads of Taste. The indemnity applies in particular to damage related to conditions, choices or facilities that fall under the responsibility of the Client.

Article 9 Delivery
9.1
Delivery takes place on the date, time and location as agreed. If the Client fails in this or does not comply with agreements, the Client is in default by operation of law and liable for the resulting damage.
9.2
The obligation to examine goods depends on who ordered the goods:
• Goods supplied by the Client: Nomads of Taste is not obliged to inspect such goods on receipt or use. The inspection duty rests entirely with the Client.
• Goods ordered and delivered by Nomads of Taste for the event: Nomads of Taste inspects them in the normal course of business to the extent necessary for correct execution of the agreement.
Unless otherwise agreed in writing, the Client bears responsibility for damage or delay caused by incorrect, incomplete or defective goods supplied by the Client.
9.3
If Nomads of Taste purchases goods from the Client, ownership of those goods transfers to Nomads of Taste upon delivery, unless otherwise agreed in writing.
9.4
The Client ensures that goods can be unloaded smoothly, safely and at the agreed location. Any delay or extra cost due to lack of access, personnel or space is at the Client’s expense.
9.5
If the Client does not take delivery of goods in time, Nomads of Taste may unload, store or return the goods at the cost and risk of the Client. By doing so, Nomads of Taste has fulfilled its delivery obligation and any additional costs are for the Client.
9.6
If the Client does not take delivery in time, Nomads of Taste may unload and store the goods at the Client’s expense and risk. Nomads of Taste thereby has fulfilled its delivery obligation.
9.7
Nomads of Taste is entitled to work by partial deliveries, provided this is not detrimental to the execution of the event.

Article 10 Permits, guidelines, standards and instructions
10.1
The Client assures Nomads of Taste that he and the goods or services delivered by him comply with all applicable laws and regulations, standards and guidelines.
10.2
The Client guarantees that he holds all permits, exemptions and other approvals required for the execution of the agreement. At Nomads of Taste’s request the Client shall immediately provide a copy thereof.
10.3
The Client guarantees that he, his personnel and any third parties engaged by him act in accordance with applicable laws and regulations, including, but not limited to, labour and safety legislation. All taxes and premiums relating to the Client’s personnel shall be paid by the Client. The Client indemnifies Nomads of Taste in that respect. Nomads of Taste cannot be deemed the employer of the Client’s personnel, unless that personnel has been directly hired by Nomads of Taste.
10.4
The Client, as well as his engaged personnel and third parties, shall follow the instructions of Nomads of Taste insofar as these are reasonably necessary for safe, careful and correct execution of the agreement.

Article 11 Warranty, complaints and maintenance
11.1
The Client warrants to Nomads of Taste that goods and services delivered by him are suitable for the intended use and free of defects. The Client is liable for damage arising from defects in goods or services supplied by him. Nomads of Taste may suspend payment until remedy has occurred.
11.2
The Client indemnifies Nomads of Taste against all claims by third parties arising from defective goods or services provided by the Client, or from materials supplied by the Client on which third parties assert rights. The Client warrants that Nomads of Taste may use the supplied materials without infringing third‑party rights.
11.3
Complaints about delivery or execution by Nomads of Taste must be reported in writing immediately and no later than seven days after discovery, with a clear description of the nature, grounds and time of detection. Failing timely and proper complaint notification, delivery will be deemed to have been correctly executed.
11.4
In the event of a timely and justified complaint, Nomads of Taste shall, if possible, remedy defects within a reasonable period. The Client remains liable to pay the agreed price. If remedy is no longer possible or sensible, the liability of Nomads of Taste is limited to what is stipulated in the agreement and these conditions.
11.5
At Nomads of Taste’s request the Client shall perform maintenance on delivered goods against a fee and under conditions customary in the industry.

Article 12 Invoicing and payment
12.1
Invoicing is, in principle, by e‑mail.
12.2
For a first assignment the Client is obliged, unless otherwise agreed, to pay 100 percent of the quotation price as a deposit no later than 10 days before the event date.
12.3
For subsequent assignments, unless otherwise agreed, the Client is obliged to pay 75 percent of the quotation price as a deposit no later than 10 days before the event date. This deposit is non‑refundable. The remainder of 25 percent, increased by any additional work, is invoiced after the event with a payment term of 14 days.
12.4
If timely deposit payment fails, Nomads of Taste may cancel or suspend the assignment without being in default. If invoices are not paid within 14 days, the Client is, without further notice of default, liable to pay interest of 2 percent per calendar month over the outstanding amount.
12.5
If the Client fails to meet his payment obligations, all reasonable collection costs, both extrajudicial and judicial, are borne by the Client, with a minimum of one hundred euros. In case of bankruptcy, suspension of payments, attachment, cessation of business or comparable situations, Nomads of Taste may immediately dissolve the agreement and claim or offset all outstanding amounts.
12.6
The payment date is the date on which the payment is processed and credited by the bank of Nomads of Taste.
12.7
All prices and rates are in euros and exclusive of VAT.
12.8
If there are changes in cost‑determining factors beyond the control of Nomads of Taste, such as supplier price increases or changed market circumstances, Nomads of Taste may reasonably adjust the rates. If the agreement has not yet been fully executed and performance at the original rates is no longer feasible, Nomads of Taste may cancel the agreement without liability. Nomads of Taste shall inform the Client in advance and, where possible, offer a suitable alternative.

Article 13 Force Majeure
13.1
Force majeure means any circumstance beyond the will of a party which makes performance reasonably impossible.
13.2
In case of a temporary force majeure situation Nomads of Taste may suspend performance for the duration of the force majeure.
13.3
In case of a structural force majeure situation the parties shall consult on termination of the agreement and its settlement, taking into account the reasonable costs already incurred on both sides.
13.4
Payment may be claimed for services already delivered before the force majeure occurred.
13.5
Government measures of major impact, such as full closure or prohibition of events, may be regarded as force majeure. The parties will determine in mutual consultation whether and how the agreement shall be adapted. Complete termination is the last resort.

Article 14 Liability and indemnification
14.1
Nomads of Taste is not liable for damage to the Client, guests, personnel or suppliers unless this damage is the direct consequence of intent or gross negligence by Nomads of Taste.
14.2
The liability of Nomads of Taste is always limited to the agreed fee for the respective assignment or, if higher, the amount paid out by Nomads of Taste’s liability insurer in that case.
14.3
If the ratio between the agreed compensation and the extent of the claimed damage justifies it, any compensation by Nomads of Taste may be reduced.
14.4
Business interruption, loss of turnover and other indirect damage are not eligible for compensation. The Client must insure against this if desired.
14.5
The Client is considered as user or hirer of the location, even when booked via Nomads of Taste or a supplier. Nomads of Taste is not liable for damage to or at the location, unless there is intent or gross negligence by Nomads of Taste.
14.6
If flagpoles, anchorages, tent constructions or similar materials are placed at the instruction or with permission of the Client, Nomads of Taste accepts no liability for any damage thereby arising. The Client indemnifies Nomads of Taste in that regard.
14.7
The Client is liable for all damage that Nomads of Taste or its suppliers suffer as a direct or indirect result of acts or omissions of the Client, its guests, employees or persons accompanying them. This also applies to damage caused by items, materials or animals for which the Client is responsible or which are under his supervision.
14.8
The Client indemnifies Nomads of Taste against all fines, claims and damages arising from the Client’s failure to comply with legal regulations, permit requirements or other obligations of a governmental nature.
14.9
The Client indemnifies Nomads of Taste against fines imposed by supervisory authorities, insofar as these result from the acts or omissions of the Client.
14.10
Nomads of Taste is not liable for loss, damage or theft of property or information of the Client, suppliers, guests or personnel at or around the event location.
14.11
If multiple parties act jointly as the Client, they are jointly and severally liable for full performance of all obligations arising from the agreement.

Article 15 Confidentiality and data
15.1
The Client shall ensure that all information required by Nomads of Taste for the execution of the agreement is provided in a timely, complete and correct manner. If information proves to be incorrect or incomplete, Nomads of Taste may suspend or, if necessary, dissolve the agreement.
15.2
The parties treat all exchanged information confidentially, both during and after the agreement.
15.3
The Client obliges his personnel and any third parties he has engaged to the same confidentiality obligation and ensures that, where necessary, a confidentiality agreement is signed.
15.4
In the event of attributable breach of confidentiality obligations by the Client, the Client shall owe an immediately payable penalty of ten thousand euros per breach, without prejudice to the right of Nomads of Taste to claim further compensation.
15.5
The confidentiality obligation does not apply to information that is lawfully public, already lawfully in the possession of the receiving party, or must be disclosed under a legal obligation.
15.6
The parties shall comply with applicable privacy legislation, including the General Data Protection Regulation. To the extent the Client supplies personal data, the Client guarantees that these have been lawfully obtained. The Client indemnifies Nomads of Taste against claims of third parties arising from personal data unlawfully supplied by the Client.

Article 16 Intellectual property
16.1
All intellectual property rights to concepts, formats, designs, corporate identity, imagery and sound, presentations, content and other creations developed in the context of the assignment by or on behalf of Nomads of Taste belong to Nomads of Taste, insofar as permitted by law. These rights are included in the agreed remuneration. Nomads of Taste grants the Client a right of use for the agreed purpose within the event or project. Any other use, including reuse or commercial deployment outside the project, shall only take place after prior consultation and possible additional arrangements between the parties.
16.2
For pre‑existing intellectual property rights in materials supplied by the Client, the Client grants Nomads of Taste a free, unlimited and worldwide licence, insofar as necessary for correct performance of the agreement. The Client guarantees that use of these materials does not infringe rights of third parties and indemnifies Nomads of Taste in that respect.
16.3
If additional legal acts are required to fully effectuate the agreed rights or licences, the Client shall at first request provide the necessary assistance free of charge.

Article 17 Administration of Nomads of Taste
The administration of Nomads of Taste shall be the basis in disputes regarding numbers, rates, invoices or other numerical data, insofar as this information has been shared with the Client. The Client may rebut this basis by providing demonstrable counter‑evidence.

Article 18 Applicable law and competent court
Dutch law exclusively applies to the agreement and these general terms and conditions. Disputes concerning the content or execution of the agreement shall, if necessary, be submitted to the competent court in Utrecht.

Article 19 Disputes
The parties shall attempt to resolve disputes or differences as far as possible by mutual consultation and in a reasonable manner before taking legal steps.

Article 20 Supplementary provisions
20.1
If the Client wishes to reuse suppliers engaged by Nomads of Taste for future events, this shall in principle be done via Nomads of Taste, unless there was demonstrably already a direct relationship between the Client and the relevant supplier. If the Client still wishes to approach the supplier directly, he shall request prior written consent from Nomads of Taste. Nomads of Taste may attach reasonable conditions to this.
20.2
The Client shall not, without prior written consent of Nomads of Taste, directly hire or have work performed for him, during the term of the agreement and up to one year after its expiry, by suppliers who were involved in the execution of an assignment. Nomads of Taste may attach reasonable conditions to such consent.
20.3
In case of violation of article 20.1 or 20.2 the Client owes an immediately payable, reasonable penalty of ten thousand euros per violation, increased by five hundred euros for each day the violation continues. This does not affect Nomads of Taste’s right to claim additional compensation if the actual damage is higher.