Terms and conditions

General terms of use B.V.
Chamber of Commerce number: 91277191
Version 1 – 25 November 2019

  • Article 1. Definitions

    1.1In these general terms and conditions the following terms are defined as follows, unless expressly stated otherwise:
    1.2"Supplier" is the operator(s) of a Foodtruck and/or person and/or entity authorised by them.
    1.3Advertisement(s): Publication on or via the Foodtruckbooking Website of:
    a. The availability or current location of a Foodtruck
    b. A product or service offered on the Website; and
    c. A brand name, product name or company name.
    1.4Foodtruck(s): A (motorised) vehicle equipped to cook, prepare, serve and/or sell food, e.g. a van or trailer.
    1.5Foodtruckbooking: The company, registered in the Trade Register of the Chamber of Commerce under number 65541456, having its registered office at Rapelenburglaan 24, 5654 AR Eindhoven, the Netherlands.
    1.6Visitor(s): The legal entity or natural person who uses the Website and/or offers products and/or services via the Website. A Visitor may be a Supplier or a Candidate.
    1.7Terms of Use: These general terms of use.
    1.8Candidate: Visitor who has contacted a Supplier via the Website.
    1.9Agreement: The contract entered into when a Candidate makes a reservation with a Supplier via the Website and that reservation is accepted by the Supplier.
    1.10Platform: The Foodtruckbooking platform, where the supply of and demand for Foodtrucks are brought together.
    1.11Website: The domain name

  • Article 2.

    2.1These Terms of Use shall apply from 1 November 2019 to any use of the Website, via a computer, mobile device or any other software application, such as the Foodtruckbooking application, and to all services offered by Foodtruckbooking.
    2.2By creating an account on the Website a Visitor accepts the Terms of Use.
    2.3Deviation from the provisions of these Terms of Use is only possible after they have been agreed in writing. Other provisions shall remain in full force.

  • Article 3. Permitted use of the Website

    3.1In all respects, Visitors to the Website must behave and act as may be expected of responsible Internet users.
    3.2Visitors are only allowed to download a copy of the material made available on the Website for their personal, non-commercial use.
    3.3Visitors are only allowed to create a hyperlink to the Website (or any technical link that refers to the Website) with the prior written permission of Foodtruckbooking. Requests for creating a hyperlink can be directed to [email protected]. If such a hyperlink is created without consent, Foodtruckbooking reserves the right to recover any damages resulting from such unauthorised use from the relevant Visitor.

  • Article 4. Unpermitted use of the Website

    4.1The following are some examples of abuse of the Website:
    - Use of the Website for activities and/or conduct in violation of the law, public order or public decency.
    - Infringement of third party intellectual property rights by a Supplier.
    - Making misleading, offensive, or otherwise unlawful statements or the distribution of goods that are in violation of the law.
    - Circumventing or removing the security features of (parts of) the Website.
    - The use of software or resources in any form to extract data from the Website for commercial purposes.
    - Use of any software or means in any form that may interfere with, hinder or impair the Website and/or any information contained therein.
    - Copying, modifying, distributing or any other use of (information available through) the Website without the prior written permission of Foodtruckbooking.
    4.2Visitors are not permitted to collect data of Suppliers for the purpose of approaching Suppliers outside the Platform.
    4.3Visitors are not permitted to modify the content of the Website in other ways than described in these Terms of Use.
    4.4Data available via the Website, and the Foodtruck offer in particular, is subject to the database right of Foodtruckbooking. This means, among other things, that Visitors are not allowed to request and reuse a substantial part of the Foodtruck offer, and/or repeatedly or structurally request and reuse non-substantial parts of the content of the Advertisements database as referred to in the Database Act, unless the aforementioned exception for personal use applies.
    4.5It is not permitted to post advertisements on behalf of third parties, unless Foodtruckbooking has expressly authorised this in writing in advance.

  • Article 5. Consequences of unpermitted use of the Website

    5.1If Foodtruckbooking receives information and/or complaints from Visitors or for other reasons suspects that a particular Visitor does not act in accordance with the law, these Terms of Use, or the additional terms and conditions for Suppliers, or that a Visitor uses the Website in an unreasonable way, Foodtruckbooking may take measures such as, but not restricted to, the following:
    - Foodtruckbooking may exclude the relevant Visitor from the services of Foodtruckbooking, block access to the Website for that Visitor, or restrict certain functionalities for that Visitor.
    - Foodtruckbooking shall not be liable for any direct or indirect damages suffered by Visitors resulting from such actions.
    - Foodtruckbooking can modify and/or delete one or more Advertisements of the Visitors without any obligation to refund any amount paid by the Visitor.
    - Foodtruckbooking can report recorded facts to the relevant authorities.
    - Foodtruckbooking is entitled to recover any damages resulting from such unreasonable use from the relevant Visitor.
    5.2For reporting violations, listings, offensive content and other issues, please contact [email protected].

  • Article 6. The Agreement

    6.1Offers by a Supplier are non-binding. A Supplier is therefore not obliged to accept a request for a Foodtruck. If the Supplier does not accept a request, they are not obliged to give reasons for this.
    6.2Foodtruckbooking is explicitly no party to the Agreement. The Platform is merely the medium for reaching an agreement between a Candidate and a Supplier.
    6.3Foodtruckbooking only acts as an intermediary between a Candidate and a Supplier; Foodtruckbooking merely manages the Platform and forwards reservation data and, when applicable, sends a confirmation email to the Candidate.
    6.4Foodtruckbooking explicitly does not sell, rent or offer products or services. Foodtruckbooking only operates a platform that brings together the supply and demand for Foodtrucks. Therefore, Foodtruckbooking is explicitly no party to the Agreement and/or any contractual relationship between the Supplier and the Candidate.
    6.5The information released by Foodtruckbooking via its Platform is based on information the Supplier provides to Foodtruckbooking. Suppliers who advertise and promote their Foodtruck on the Platform will have access to an extranet and are fully responsible for updating all information.
    6.6Although Foodtruckbooking is committed to, and has an interest in, the validity and completeness of the information on their Platform, Foodtruckbooking does not verify the information and cannot be held responsible for any errors. The Supplier shall at all times be responsible for the accuracy and completeness of the information displayed on the Platform, including – but not limited to – information on prices, availability, policies and conditions.
    6.7Inclusion on the Platform is explicitly not a recommendation and/or approval of the quality of a Foodtruck.

  • Article 7. Limitation of Liability of Foodtruckbooking

    7.1Foodtruckbooking shall in no event be liable towards a Visitor for any reason whatsoever, except in case of deliberate or gross deliberate negligence on part of Foodtruckbooking.
    7.2In the event that Foodtruckbooking is liable towards a Visitor, this liability shall be limited to what is stated in this provision. Foodtruckbooking shall never be liable for indirect damages, including consequential damages, loss of profits, lost savings, or damages due to business stagnation.
    7.3In the event that Foodtruckbooking is liable towards a Visitor for direct damages, for any reason, its liability shall at all times be limited to a maximum of (a) the total fee paid by the Supplier to Foodtruckbooking during the 3 months preceding the act which caused the liability, or (b) € 25, whichever amount is higher. Direct damages shall be understood only to mean reasonable costs for determining the cause and extent of the damages, in so far as the determination relates to damages within the meaning of these conditions, and incurred reasonable costs for the prevention or limitation of damages, to the extent Visitor demonstrates that these costs have resulted in the limitation of direct damages as referred to in these Terms of Use.
    7.4In any case Foodtruckbooking shall not be liable for damages suffered by the Visitor as a result of:
    - Use of the Foodtruckbooking Platform.
    - Incorrect information on the Platform. At all times the Supplier shall be responsible for the accuracy and completeness of the information displayed on the Platform. Foodtruckbooking does not verify the information. In case of doubts with respect to the accuracy of the information or if inaccuracies are found, we recommend that you contact the relevant Supplier and that you also report this to Foodtruckbooking via [email protected].
    - Technical failures or any other circumstance that may (temporarily) prevent the Website from being accessed and/or fully accessible.
    - Changes to Foodtruckbooking services and/or changes to the website.
    7.5Foodtruckbooking is not a party to the Agreement nor a party to an agreement concluded between a Supplier and a Candidate outside the Platform. Foodtruckbooking, therefore, has no control over the quality and/or safety of the service and/or product offered. Foodtruckbooking has, of course, no knowledge of, or control over, the power or authority to act of Visitors. Furthermore, Foodtruckbooking cannot guarantee that Visitors will fully and timely comply with the obligations under the Agreement or under any other arrangement between the parties. Foodtruckbooking shall in no way be liable for (failure to reach) an Agreement and, to the extent that an Agreement is concluded, for the realisation of that Agreement.
    7.6The Website contains references to third party websites (for example by means of a hyperlink or banner). Foodtruckbooking has no control or influence over the content of these websites, and can therefore not be held liable in any way for the content of those websites. Foodtruckbooking shall not be liable for (the content of) services and/or information from third parties, which are offered in any way through the Foodtruckbooking website.

  • Article 8. Intellectual Property Rights

    8.1All intellectual property rights in relation to the Website and the content posted on it are solely owned by Foodtruckbooking and/or its suppliers.
    8.2Intellectual property rights include all copyrights, patent rights, trademark rights, trade name rights, database rights, (unregistered community) model rights, domain names and other claims in the Netherlands or elsewhere, related to the Website and Foodtruckbooking in general, including know-how and trade secrets.
    8.3Visitors must fully and unconditionally respect all intellectual and industrial property rights of Foodtruckbooking.
    8.4Foodtruckbooking does not guarantee towards Visitors that the services and products do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
    8.5As soon as Visitors post content, including but not limited to, texts, images, audio, software or any other information on the Website, Foodtruckbooking shall be entitled to use, copy and/or commercially exploit these Materials in the broadest sense of the word, by means of technical links to third party websites or otherwise, without any compensation. Foodtruckbooking shall not be obliged to treat the Materials in question as confidential. In this respect, Visitors indemnify Foodtruckbooking against any damages or costs incurred by Foodtruckbooking and against any claims by third parties that the use and/or exploitation of the Materials infringes (intellectual) rights of third parties or is otherwise unlawful towards a third party.

  • Article 9. Advertisements

    9.1Advertisements can be posted in the manner outlined on the Website. Unless prior written permission has been given by Foodtruckbooking, it is not permitted to post Advertisements on the Website by means of an automated system.
    9.2In all cases the Advertisement of a Supplier must meet the following conditions:
    - The Advertisement offers only one Foodtruck.
    - The title and/or text of the Advertisement must contain a description of the Foodtruck offered.
    - The title and text of the Advertisement must be in English or Dutch.
    - The title and text of the Advertisement must describe the Foodtruck as accurately as possible. The title and text must not be misleading or inaccurate.
    - The Advertisement must not contain any discriminatory, pornographic, offensive or threatening content. Furthermore, the content must not contain any political messages or data of third parties.
    - The Advertisement must not contain any images that do not relate to the product or service offered.
    9.3Offers by a Supplier are non-binding. A Supplier is therefore not obliged to accept a request for a Foodtruck. If the Supplier does not accept a request, they are not obliged to give reasons for this.
    9.4If a Supplier posts an Advertisement for a Foodtruck, a service or product, or for a brand, product or company name on the Website, the Visitor implicitly indicates that they are legally authorized to do so. In addition, when posting Advertisements, Suppliers guarantee that they are authorised to post all images belonging to the Advertisements, including photographs, graphic designs, etc., thereby indemnifying Foodtruckbooking against any claims by third parties, including claims with respect to intellectual property rights.
    9.5When a Candidate responds to an advertisement of a Supplier, they thereby explicitly declare that they are legally authorised to do so.
    9.6Suppliers who post an Advertisement on the Website will enter into an agreement with Foodtruckbooking at the moment the Advertisement is posted online. From that moment on, the Supplier has a Payment Obligation towards Foodtruckbooking.

  • Article 10. Prices, payment period and exceeding this period

    10.1The prices on the Website, as well as prices otherwise communicated to Visitors by Foodtruckbooking, are in euros and exclusive of VAT, unless otherwise stated or agreed in writing.
    10.2The payment period for all amounts invoiced by Foodtruckbooking to Suppliers is 7 days after the invoice date. With the exception of the first payment, all other payments due under a subscription will be paid via direct debit.
    10.3Payment can be made as indicated on the Website or on invoices.
    10.4If the Supplier has not paid the amount due within the payment period, Foodtruckbooking reserves the right, without further notice and without any prior notice of default being required, to claim from the Supplier concerned:
    - The statutory commercial interest rate under Section 6:119a of the Dutch Civil Code on top of the amount due, from the date of expiry of the payment period to the day of full payment.
    - Any (extra-judicial) legal costs incurred by Foodtruckbooking for the recovery of its claim. These shall be 15% of the amount due, and for private clients the amount due under the statutory collection cost scheme (BIK).
    10.5If the Supplier has not paid the amount due within the payment term, Foodtruckbooking can terminate access to the Website for the Supplier concerned, suspend all other services, dissolve the agreement with the Supplier, and remove any information posted on the Website by the Supplier until payment is made by the Supplier.
    10.6All corresponding and additional costs to be incurred by Foodtruckbooking in connection with the provisions of paragraph 5 of this article shall be borne by the Supplier.
    10.7In the event of liquidation, bankruptcy, attachment or suspension of payment of the Supplier, the claims of Foodtruckbooking shall be immediately due.
    10.8All subscriptions Suppliers take out with Foodtruckbooking are for the duration of twelve (12) months. Unless cancelled in writing no later than one month prior to the expiry of the subscription term, the subscription shall be automatically and tacitly renewed for another 12 (twelve) month period. Subscriptions cannot be terminated intermediately.
    10.9Foodtruckbooking is entitled to annually apply an inflation correction to the subscription rates for Suppliers. An increase of the subscription rates due to the inflation correction is not a valid reason for Suppliers to cancel a subscription intermediately.

  • Article 11. Protecting your privacy

    11.1Our Privacy Policy explains how we handle your personal data and how we protect your privacy when you use our Website.

  • Article 12. Miscellaneous

    12.1Foodtruckbooking shall be entitled to (partially) change these Terms of Use. Any changes shall become effective as soon as the Visitor uses the Website and/or the (online) services of Foodtruckbooking, whichever occurs first.
    12.2Failure to enforce any provision of these Terms of Use by Foodtruckbooking does not mean that Foodtruckbooking surrenders the right to enforce such provision at a later date and/or in relation to any other Visitor.
    12.3Agreements that deviate from these Terms of Use are only valid if they have been agreed with Foodtruckbooking in writing.
    12.4If one or more provisions of these Terms of Use is declared invalid by a competent court, this shall not affect the validity of the other provisions of these Terms of Use.
    12.5These Terms of Use, any Additional Terms and all agreements resulting therefrom are governed exclusively by the law of the Netherlands. The District Court of East Brabant has exclusive jurisdiction to settle any disputes between Foodtruckbooking and a Visitor, unless another court has jurisdiction under mandatory law.

  • Article 13. Questions, comments or complaints

    13.1Questions, comments or complaints about the Website or other services of Foodtruckbooking can be submitted using the contact details below, preferably via e-mail to [email protected]. Questions, comments or complaints must be submitted in full and must be stated clearly. We aim to respond to any question, comment or complaint within 14 days after submission. B.V.
    Chamber of Commerce number: 91277191
    Version 1 – 25 November 2019

    Eindhoven, 1 November 2019

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