Terms and Conditions

General terms and conditions of the private limited company Exclusive Bar Concepts, based in Tilburg, registered with the Chamber of Commerce under number 94194297.

Article 1 Definitions

In these general terms and conditions, the following definitions apply:

Customer: the Client who has entered into a purchase agreement with Cocktail Moves for the purchase and delivery of alcoholic products and/or services.

Participant: a natural person who:

a) has been registered as a participant in a Cocktail Moves event and actually takes part in (part of) the event; or

b) has been registered as a participant in a Cocktail Moves event and, due to cancellation, does not actually take part in (part of) the event; or

c) has not been registered as a participant in an event, but is nevertheless designated on-site as a participant in the event by the Client and Cocktail Moves;

Event: the activities agreed between the Client and Cocktail Moves in a separate agreement, together forming what Cocktail Moves will carry out for the Client, such as providing a tasting and/or bar (on location) with or without (alcoholic) drinks supplied by Cocktail Moves, or carrying out management work at an event organized by the Client;

Client: the counterparty of Cocktail Moves for the assignment agreement as well as for these general terms and conditions;

Parties: Cocktail Moves and the Client together;

Cocktail Moves: The sole proprietorship Cocktail Moves, based in Rijen and registered with the Chamber of Commerce under number 62089900;

Amendment: a change to the assignment agreement, whether or not agreed implicitly, during or prior to the Event;

Article 2 Applicability of terms and conditions

2.1 The terms and conditions below apply to all forms of agreements (whether in writing, digital, or oral) entered into by Cocktail Moves and the Client and - where applicable - the Customer, as well as the resulting deliveries, services and obligations of any kind whatsoever.

2.2 Terms and conditions used by the Client are expressly rejected by Cocktail Moves and do not apply, unless Cocktail Moves has accepted them in writing.

2.3 Deviating agreements from these general terms and conditions are only valid if expressly agreed between the Parties.

2.4 If one or more provisions in these terms and conditions are void or should be annulled, the remaining provisions of these general terms and conditions remain fully applicable. The Parties will then consult to agree on new provisions to replace the void or annulled provisions, taking into account, as far as possible, the purpose and intent of the original provisions.

Article 3 Formation of the agreement

3.1 The quotation issued by Cocktail Moves is non-binding. No rights can be derived from obvious counting errors and typos, as well as from corrupted offers.

3.2 Cocktail Moves sends the Client a written or digital confirmation of the quotation and its acceptance within seven (7) calendar days of acceptance of the quotation. The Parties agree that the assignment agreement is deemed to have the content as stated in the aforementioned confirmation.

Article 4 Content of the agreement

4.1 All prices communicated by Cocktail Moves, including - but not limited to - the hourly rate and the prices of goods to be delivered, are in Euros and exclusive of VAT, unless explicitly stated otherwise in writing.

4.2 If, during or prior to the Event, more products are purchased than agreed as a result of an Amendment, the Client will receive an invoice after the Event for the products not previously included in the price and invoiced.

4.3 The quotation issued by Cocktail Moves is based on the information and data provided by the client. If this information and data turn out to have been incorrect or incomplete after the Event has taken place, a subsequent calculation will follow.

Article 5 Obligations of Cocktail Moves

5.1 Cocktail Moves will perform the services it is to provide to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

5.2 Cocktail Moves is entitled to involve and/or engage third parties for the assignment to be carried out. These third parties perform the work at their own expense and risk, and Cocktail Moves excludes liability for damage caused by these third parties.

Article 6 Obligations of the Client

6.1 The Client is obliged to provide Cocktail Moves with all cooperation that promotes optimal execution of the assignment, or to remove any obstacles to optimal execution of the assignment.

6.2 The Client will make available to Cocktail Moves, in a timely manner and in the desired form, all data that Cocktail Moves deems necessary for the correct execution of the assignment given, such as, but not limited to, information about diets, allergies and particulars regarding the health and condition of the participants that may affect participation in the event.

6.3 The Client is obliged and responsible for having the correct permits for the relevant assignment/event for which Cocktail Moves is engaged.

Article 7 Postponement of the Event by the Client

7.1 If the Client wishes to postpone the date of the event, the Client must notify Cocktail Moves of this request in writing or digitally. A postponement of the Event is agreed upon written or digital confirmation thereof by Cocktail Moves. Postponement of the Event is possible up to 14 calendar days before the start of the Event at the latest, unless Cocktail Moves has accepted the postponement in writing or digitally.

7.2 Price increases resulting from postponements of the Event initiated by the Client are entirely at the Client's expense.

Article 8 Change of program or cancellation by Cocktail Moves

8.1 Cocktail Moves is entitled to change the program of the Event or cancel the Event up to five (5) working days before the start of the Event at the latest.

8.2 In the event of cancellation of the Event by Cocktail Moves, it will fully refund the Client the already (wholly or partially) paid reservation amount or already paid price within 14 calendar days.

8.3 In the event of cancellation of the Event by Cocktail Moves, Cocktail Moves owes the Client no compensation for any costs of the Client other than the price already paid.

Article 9 Payment by the Client

9.1 Payments by the Client can be made both in cash and via bank transfer.

9.2 Unless otherwise agreed between the parties, payment must be made within 14 calendar days of the invoice date, but no later than 7 calendar days before the Event takes place. The invoice for any subsequent calculation must be paid within 14 calendar days of the invoice date.

9.3 In the event of non-payment within the aforementioned payment terms, the Client is - without any further notice of default being required - automatically in default towards Cocktail Moves. Cocktail Moves is entitled to dissolve the agreement extrajudicially or to demand full performance.

9.4 The Client's right to set off payment of the price is expressly excluded.

Article 10. Impossibility of performing the assignment

10.1 Cocktail Moves has the right to suspend the agreed work or make changes to the assignment if it is temporarily prevented from fulfilling its obligations due to circumstances beyond its control or of which it was not or could not have been aware when the agreement was concluded. The Parties will consult in good faith to determine whether a postponement of the Event or a change to the program is possible.

10.2 If, as a result of the circumstances mentioned in Article 10.1, performance becomes permanently impossible, the agreement may be dissolved for the part that has not yet been or cannot be performed. Neither party is in that case entitled to compensation for damage suffered as a result of the dissolution.

Article 11 Change of program or cancellation by the Client

11.1 Cancellation of the Event by the Client must be communicated to Cocktail Moves as soon as possible and must be done in writing or digitally.

11.2 The Client may cancel the assignment free of charge up to 30 calendar days before the Event takes place at the latest.

11.2 In the event of cancellation, the Client owes the following percentages of the full invoice amount:

- between 30 and 14 calendar days before the Event takes place: 40%

- between 14 and 2 calendar days before the Event takes place: 60%

- Within 48 hours before the Event takes place: 100%

11.3 Should the actual costs incurred by Cocktail Moves as a result of the cancellation exceed the cancellation costs mentioned in Article 11 paragraph 2, these additional costs may also be charged.

11.4 The Client may notify a change in the number of participants free of charge up to 14 calendar days before the Event takes place. After that, the last known group size will apply for the calculation of the price owed.

11.5 A reduction of up to 10% in the number of Participants is free of charge until the Event takes place. In the event of a reduction of more than 10% in the number of Participants, the cancellation costs apply proportionally as stated in Article 11.2, with the understanding that the percentages apply to the invoice costs relating to those Participants.

11.6 Costs of Participants who do not show up will be charged in full.

Article 12 Regulations regarding the use of the location and participation in the event

12.1 Participants and the Client are obliged to report to Cocktail Moves, (if possible) prior to the start of the event, any relevant medical and physical particulars of the Participants, if the Participants or Client knew or ought to have known that these particulars could affect participation in the Event.

12.2 Participants are themselves responsible for assessing whether they are able to take part in the Event.

12.3 Participants must always follow all written or verbal regulations and instructions from Cocktail Moves and third parties engaged by Cocktail Moves.

12.4 Participants are obliged to be at the agreed location on time.

12.5 If one or more Participants violate one or more of the aforementioned regulations, Cocktail Moves is entitled to stop the event, without this giving rise to a right to compensation against Cocktail Moves. In such a case, the Client owes Cocktail Moves the full price for the Event.

12.6 Cocktail Moves reserves the right to use photographic or other recordings made during the arrangement for promotional purposes.

Article 13 Liability

13.1 If Cocktail Moves is liable for an attributable shortcoming or an unlawful act, the compensation is limited to what is regulated in this article, subject to the specific compensation provisions in other articles of these terms and conditions.

13.2 If Cocktail Moves is liable for direct damage, that liability is limited to a maximum of once the agreed quotation amount. Direct damage is understood to mean exclusively:

• the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions;
• any reasonable costs incurred by the Client to bring Cocktail Moves' defective performance into line with the agreement;
• the reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to a limitation of direct damage as referred to in these general terms and conditions.

13.3 Cocktail Moves is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption.

13.4 Cocktail Moves is never liable for damage resulting from circumstances attributable to the participant themselves, such as insufficient physical condition and/or health, overestimating one's own abilities, ignoring and/or not following (safety) instructions, or improper use of the materials made available, including spilling drinks on clothing.

13.5 Cocktail Moves is never liable for damage caused by intent or gross negligence of third parties.

13.6 Cocktail Moves is never liable for loss, damage or theft of Participants' personal belongings during the event, regardless of the cause thereof.

13.7 Unless due to intent and/or gross negligence on the part of Cocktail Moves, Cocktail Moves accepts no liability for damage resulting from death, injury, accidents or harm caused to the participant(s) during or as a result of the event.

13.8 Cocktail Moves is never liable for damage and/or injury occurring during the Event as a result of actions by Participants under the influence of alcohol, drugs and/or medication.

13.9 The Client is also liable for damage caused by Participants to property belonging to Cocktail Moves or to property belonging to third parties engaged by Cocktail Moves.

Article 14 Applicable law and choice of forum

14.1 Dutch law applies to all agreements between Cocktail Moves and the Client to which these general terms and conditions apply.

14.2 All disputes, including those regarded as such by only one of the parties, arising from any agreement entered into with Cocktail Moves, will be settled exclusively by the competent court in the Breda district court, unless Cocktail Moves and the Client have agreed in writing to choose the absolutely competent court according to the rules of law, to resolve the dispute among themselves, or to submit the dispute to arbitration.