Mountain Chefs Terms & Conditions

These Terms and Conditions are the standard terms for the provision of booking services by Mountain Chefs Ltd, registered in England, company number 15314242, whose registered address is 85b Headstone Road, Harrow, HA1 4PG.

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

2. Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message or other means

3. The Contract

3.1 These terms and conditions govern the provision of services by us and will form the basis of the contract between us and you, and you and the chef. Before submitting an order, please ensure that you have read these terms and conditions carefully. Please ask us for clarification if you are unsure about these terms and conditions.

3.2 We shall ensure that the information in clause 4 is given or made available to you before the formation of the contract between a chef and you, save for where such information is already apparent from the context of the transaction.

3.3 Mountain Chefs Ltd acts as a booking service and as such are not the provider of hospitality services.

3.4 Mountain Chefs Ltd will appoint and introduce a chef to provide the services set out in the order confirmation.

3.5 The terms and conditions set out below relate to the contract entered into by the client and the chef.

3.6 Nothing provided by us, including, but not limited to, sales and marketing literature, price lists and other documents, constitutes a contractual offer capable of acceptance.

3.7 Your order constitutes a contractual offer that we may, at our discretion, accept.

3.8 A legally binding contract between a housekeeper, butler, or chef and you will be created upon our acceptance of your order, as indicated by our order confirmation. Order confirmations will be provided in writing.

4. The Order Confirmation will include the following:

4.1 Our identity (set out above in clause 1) and contact details (as set out below in Clause 12);

4.2 The total price for the services including taxes or, if the nature of the services is such that the price cannot be calculated in advance, how it will be calculated;

4.3 The arrangements for payment, performance and the time by which (or within which) we undertake to perform the Services;

4.4 Our Complaints Handling Policy.

5. Bookings

5.1 All bookings for services you make will be subject to these terms and conditions.

5.2 You may request a change your booking any time before we begin providing the services by contacting us. We will endeavour to accommodate all date change requests, subject to the availability of chefs.

5.3 If your booking is changed, we will inform you in writing of any change to the price.

5.4 You may cancel your booking within 24 hours of placing it. If you have already made any payments to us (including, but not limited to, the Deposit), the payment(s) will be refunded as soon as is reasonably possible and, in any event, within 14 calendar days of our acceptance of your cancellation.

5.5 If you wish to cancel your booking up to 30 days before the commencement date of the booking, 50% of the outstanding balance will be due to the chef.

5.6 If you cancel within 14 days of the commencement date of the booking, 100% of the outstanding balance will be due to the chef. If you wish to cancel the Services after this time or once we have begun providing the Services, please refer to Clause 11.

5.7 We may cancel your booking any time before we begin providing the Services due to the unavailability of required personnel or an event outside our reasonable control. If such cancellation is necessary, we will inform you immediately. If you have made any payments to us under Clause 5 (including, but not limited to, the Deposit), the payment(s) will be refunded as soon as is reasonably possible and, in any event, within 14 calendar days of us informing you of the cancellation. Cancellations will be confirmed in writing.

6. Price and Payment

6.1 The price of the services will be shown in our quotation document at the time of your booking.

6.2 The prices may change at any time, but these changes will not affect bookings we have already accepted.

6.3 Before the chef begins providing the services, you will be required to pay a deposit of the total price for the services to Mountain Chefs Ltd. This payment represents the booking fee for Mountain Chefs Ltd.

6.4 The balance of the price will be payable directly to the housekeeper, butler or chef

6.5 Full reimbursement of provisioning costs will accompany the balance payment as specified by the chef and on the production of receipts.

6.6 We accept the following methods of payment: Credit and debit cards. Bank transfer.

6.7 Balance payments to housekeepers, butlers or chefs can be paid by cash or bank transfer as agreed directly with them.

7. Providing the services

7.1 The chef will provide the services with reasonable skill and care, consistent with best practices and standards in the hospitality sector, and in accordance with any information provided by us about the services and about us.

7.2 The chef will begin providing the services on the date confirmed in our order confirmation.

7.3 The chef will make every reasonable effort to complete the services on time (and in accordance with your booking). However, they cannot be held responsible for any delays if an event outside of their control occurs.

7.4 If we require any information or action from you to provide the services, we will inform you as soon as is reasonably possible. Examples of what we may require include the completion of preference information, property access, and general information.

7.5 If the information or action required of you is incomplete or otherwise incorrect, neither the chef or us will be responsible for any delay caused as a result.

7.6 In certain circumstances, for example, if you delay sending us information, we may suspend the services (and will inform you of that suspension in writing).

7.7 In certain circumstances, for example, when we encounter a technical problem, we may need to suspend the services to resolve the issue. Unless the issue is an emergency and requires immediate attention, we will inform you in writing before suspending the services.

7.8 If the services are suspended under sub-clause 7.7, you will not be required to pay for them during the period of suspension.

8. Problems with the Services and Your Legal Rights

8.1 We always make reasonable efforts to ensure that our services and those of the chef are trouble-free. If, however, there is a problem with the services, we request that you inform us as soon as possible (you do not need to contact us in writing).

8.2 We will use reasonable efforts to remedy problems with the services as quickly as possible and practically.

8.3 If we do not perform the services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.

8.4 If the services are not performed in line with the information that we have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if our breach concerns information about us that does not relate to the performance of the services), you have the right to a reduction in price.

8.5 In cases where a price reduction applies, this may be any sum up to the full price, and where you have already made payment(s) to us, it may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which we agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method.

9. Our Liability

9.1 We provide services for domestic and private use (or purposes). We make no warranty or representation that the services are fit for commercial, business or industrial purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or any loss of business opportunity.

9.2 Nothing in these terms and conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. 9.3 Nothing in these terms and conditions seeks to exclude or limit our liability for failing to perform the services with reasonable care and skill or in accordance with information provided by us about the services or about us.

9.4 Nothing in these terms and conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

10. Events Outside of Our Control (Force Majeure) including Covid-19

10.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

10.2 If any event described under this clause occurs that is likely to adversely affect our performance of any of our obligations under these terms and conditions:

10.2.1. We will inform you as soon as is reasonably possible;

10.2.2 Our obligations under these terms and conditions will be suspended, and any time limits that we are bound by will be extended accordingly;

10.2.3 We will inform you when the event outside of our control is over and provide details of any new dates, times or availability of services as necessary;

10.3 If an event outside of our control occurs and you wish to cancel the contract, you may do so in accordance with your right to cancel under Clause 11. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event, within 14 calendar days of our acceptance of your cancellation notice;

10.4 If the event outside of our control continues for more than 2 weeks, we will cancel the Contract in accordance with our right to cancel and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and, in any event, within 14 calendar days of our cancellation notice.

10.5 In the event of a total lockdown enforced by the government of your departure country, a total refund will be issued up to 5 days before the due date of the commencement of services. 10.6 In the event of your personal decision not to travel due to quarantine issues, please refer to clause 11.2.

11. Cancellation

11.1.1 You may cancel your booking within 24 hours of placing it. If you have already made any payments to us (including, but not limited to, the Deposit), the payment(s) will be refunded as soon as is reasonably possible and, in any event, within 14 calendar days of our acceptance of your cancellation.

11.1.2 If you wish to cancel your booking up to 30 days before the commencement date of the booking, 50% of the outstanding balance will be due to the chef.

11.1.3 If you cancel within 14 days of the commencement date of the booking, 100% of the outstanding balance will be due to the chef. If you wish to cancel the Services after this time or once we have begun providing the Services, please refer to Clause 11.2

11.2.1 Once the chef has begun providing the services, you are free to cancel the services and the contract at any time by giving us written notice.

11.2.2 If you have made any payment to us for any services we have not yet provided, no refund will be available.

11.2.3 If we have provided services that you have not yet paid for, we will invoice you for those sums, and you will be required to make payment.

11.3 If any of the following occur, you may cancel the services and the contract immediately by giving us written notice. If you have made any payment to us for any services we have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 calendar days of our acceptance of your cancellation.

11.3.1 We have breached the Contract in any material way and have failed to remedy that breach within 1 week of you asking us to do so in writing; or

11.3.2 We enter into liquidation or have an administrator or receiver appointed over our assets; or 11.3.3 We are unable to provide the services due to an event outside of our control (as under sub Clause 10.2.4)

11.4 We may cancel your booking for the services before the services begin under sub-Clause 5.7.

11.5 Once we have begun providing the services, we may cancel the services and the contract at any time by giving you written notice. If you have made any payment to us for any services we have not yet provided, these sums will be refunded to you as soon as is reasonably possible and, in any event, within 14 calendar days of our cancellation notice.

11.6 If any of the following occur, we may cancel the services and the contract immediately by giving you written notice. If you have made any payment to us for any services we have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 calendar days of our cancellation notice. If we have provided services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, we will invoice you for those sums and you will be required to make payment. 11.7 We will not be required to give any notice in these circumstances:

11.7.1 You fail to make a payment on time as required

11.7.2 You have breached the contract in any material way and have failed to remedy that breach within 7 days of us asking you to do so in writing; or

11.7.3 We are unable to provide the services due to an event outside of our control (for a period longer than that in sub-Clause 10.5).

12. Communication and Contact Details

If you wish to contact us, you may do so by telephone at +44(0)7472365944 or by email at info@mountainchefs.net.

2. In certain circumstances, you must contact us in writing (when cancelling a booking, for example, or exercising your right to cancel the services). When contacting us in writing you may use the following methods:

2.1. Contact us by email at info@mountainchefs.net; or

2.2 Contact us by pre-paid post at: Mountain Chefs Ltd, 183 Kingsway, Hove, East Sussex, BN3 4GL, UK.

13. Complaints and Feedback

13.1 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

13.2 All complaints are handled in accordance with our complaints handling policy and procedure. 13.3 If you wish to complain about any aspect of your dealings with us, including, but not limited to, these terms and conditions, the contract, or the services, please get in touch with us in one of the following ways:

13.3.1 In writing, addressed to Tim Ball, Director, Mountain Chefs Ltd, 183 Kingsway, Hove, East Sussex, BN3 4GL, UK.

13.3.2 By email, addressed to Tim Ball, Director, Mountain Chefs Ltd, info@mountainchefs.net 13.3.3 By contacting us by telephone on: +44(0)7472365944

14. How We Use Your Personal Information (Data Protection)

14.1 All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

14.2 For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice.

15. Other Important Terms

15.1 We may transfer (assign) our obligations and rights under these terms and conditions (and under the contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing.

15.2 Your rights under these terms and conditions will not be affected and our obligations under these terms and conditions will be transferred to the third party who will remain bound by them. 15.3 You may not transfer (assign) your obligations and rights under these terms and conditions (and under the Contract, as applicable) without our express written permission.

15.4 The contract is between you and us and you and your chef, host or butler. It is not intended to benefit any other person or third party in any way, and no such person or party will be entitled to enforce any provision of these terms and conditions.

15.5 If any of the provisions of these terms and conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these terms and conditions. The remainder of these terms and conditions shall be valid and enforceable.

15.6 No failure or delay by us in exercising any of our rights under these terms and conditions means that we have waived that right, and no waiver by us of a breach of any provision of these terms and conditions means that we will waive any subsequent breach of the same or any other provision.

15.7 We operate a non-compete agreement within these terms and conditions that prohibits you from booking a Chef initially engaged through us, directly. In the instance of consequent direct bookings with a Chef, we reserve the right to seek compensation from you for lost revenue at the rate of €1000 per week.

16. Governing Law and Jurisdiction

16.1 These terms and conditions, the contract, and the relationship between you and us (whether contractual or otherwise), and between you and the chef shall be governed by, and construed in accordance with the law of England & Wales.

16.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.

16.3 Any dispute, controversy, proceedings or claim between you and us relating to these terms and conditions, the contract, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.