General terms and conditions

GENERAL TERMS AND CONDITIONS OF ARSENAAL 1824 GRAND CAFÉ AND RESTAURANT   

Below are the general terms and conditions of: Arsenaal 1824 B.V.

 Art. 1 DEFINITIONS

1. Grand café and restaurant: the venues where Arsenaal 1824 executes a deal.
2. Guest: the natural or legal person entering into an agreement with Arsenaal 1824.
3. Companions: those who accompany a guest in the grand café and/or restaurant.
4. Gift card: a gift card issued by Arsenaal 1824, which represents the associated value.
5. Agreement: an agreement between Arsenaal 1824 and the guest on the provision of a service by Arsenaal 1824 to the guest.
6. Turnover guarantee: an amount agreed with the guest for which the guest guarantees that the guest and his party will place orders for at least that amount at the agreed time. If that amount is not achieved, the guest will owe Arsenaal 1824 the difference.

Art. 2 GENERAL

1. All offers from Arsenaal 1824 are without obligation.
2. In the event of a conflict between a provision of an agreement and a provision of these general terms and conditions, the agreement shall prevail.

Art. 3 GENERAL OBLIGATIONS OF THE GUEST

1. When visiting the grand café and/or restaurant, the guest and his/her party are obliged to comply with the house and conduct rules of Arsenaal 1824 and to follow the reasonable instructions of Arsenaal 1824 staff at all times.
2. The guest and his/her company are prohibited from consuming food and/or drinks they have brought themselves in the grand café and/or restaurant.
3. If the guest and/or his/her party wishes to enter the grand café and/or restaurant with a (domestic) animal, this must be discussed with Arsenaal 1824. Only with the consent of Arsenaal 1824 is it permitted to enter the grand café with a (domestic) animal. Permission is always granted to enter the grand café and/or restaurant with an assistance dog belonging to the guest and/or his/her party.
4. Arsenaal 1824 can at any time and with immediate effect terminate or suspend its services if the guest and/or his/her party fails to fulfil any obligation under an agreement.
5. The guest is jointly and severally liable for all damage suffered by Arsenaal 1824 as a result of an attributable shortcoming and/or wrongful act committed by someone in the party.

Art. 4 GENERAL obligations of ARSENAAL 1824

1. Arsenaal 1824 is not obliged to take custody of any goods belonging to the guest or his/her party and is not responsible for the supervision of goods belonging to the guest and/or his/her party. The bringing of goods to the grand café and/or restaurant by the guest and/or his/her party is therefore at the risk of the guest and his/her party.

Art. 5 PAYMENT

1. If, in the opinion of Arsenaal 1824, there is good reason to doubt whether the guest will properly and/or timely fulfil his/her obligations to Arsenaal 1824, the guest is obliged at Arsenaal 1824's first request to make a down payment in order to provide security for the fulfilment of his/her obligations. The amount of this down payment is to be determined by Arsenaal 1824 and shall not exceed the amount reasonably expected to be owed by the guest after implementation of the agreement by Arsenaal 1824.
2. If the guest, after being requested to do so, fails to make a deposit, Arsenaal 1824 is authorised to suspend or terminate the implementation of the agreement, without this nullifying the obligations of the guest and without this leading to Arsenaal 1824 being obliged to pay any compensation to the guest and/or his/her party.

Art. 6 CANCELLATION/ALTERATIONS

1. The guest may make an agreement with/reservation at Arsenaal 1824 for the consumption of drinks and/or food in the grand café and/or restaurant:

I) if the guest and his/her party consists of up to 9 persons:

(a) change or cancel on the day agreed between the parties until 10:00 a.m., if the agreement relates to lunch.

b) change or cancel on the day agreed between the parties until 15:00, if the contract relates to a dinner.

c) amend or cancel up to 48 hours before the agreed time of performance of the contract, if the performance of the contract is to take place on a bank holiday or during a special action. Therefore, the provisions under I) (a) and (b) do not apply in case of a bank holiday or special action.

II) if the guest and his/her party consists of 10-25 people:

(a) change or cancel up to 7 days before the agreed time for performance of the agreement.

(b) change or cancel up to 80% of the originally agreed number of persons up to 72 hours before the agreed time of performance.

c) change or cancel up to 90% of the originally agreed number of persons up to 24 hours before the agreed time of performance.

III) if the guest and his/her party consists of 25 persons or more:

(a) change or cancel up to 14 days before the agreed time for performance of the agreement.

b) change or cancel up to 75% of the originally agreed number of persons up to 7 days before the agreed time of performance.

(c) change or cancel up to 85% of the originally agreed number of persons up to 48 hours before the agreed time of performance.

d) change or cancel up to 90% of the originally agreed number of persons up to 24 hours before the agreed time of performance.

2. If the agreement/reservation is not amended or cancelled no later than the time mentioned in paragraph 1 under I), II) or III), the guest shall owe Arsenaal 1824 100% of the agreed menu price +/+ a beverage surcharge of €15.00 per person who appears less than originally agreed with the guest.
3. The fee mentioned in paragraph 2 is not due if Arsenaal 1824 has the table(s) in the grand café and/or restaurant made available by the cancellation occupied by other guests at the time agreed with the guest.
4. Notwithstanding the provisions of paragraphs 1 and 2, the guest may enter into an agreement with Arsenaal 1824 if a turnover guarantee has been agreed by Arsenaal 1824 with the guest:

I) change or cancel up to 30 days before the agreed day on which the contract is to be performed.

II) change or cancel up to 14 days before the agreed day on which the contract is to be performed. In that case, the guest shall owe an amount of 50% of the turnover guarantee in proportion to the number of persons who will appear less than originally agreed. The then remaining turnover guarantee in proportion to the number of persons who will appear applies in full.

III) at 14 days or less before the agreed time for performance, modify or cancel the agreement. In that case the guest shall owe Arsenaal 1824 100% of the agreed turnover guarantee in proportion to the number of persons who will appear less than originally agreed. The then remaining turnover guarantee in proportion to the number of persons who will appear applies in full.

5. Cancellations can only be made in writing by the guest to Arsenaal 1824, with an e-mail or via the online digital contact form on our website.
6. If the guest has made a down payment as referred to in Clause 5, the guest and his/her party shall be deemed not to have appeared as referred to in Clause 6 paragraph 2, if the guest has not arrived at the grand café and/or restaurant 45 minutes after the agreed time. If the guest has not paid a deposit, the guest and his/her party are deemed not to have appeared after 15 minutes. Arsenaal 1824 shall then be released from all its obligations and the guest shall owe the fee referred to in Article 6(2).
7. If a menu has been agreed with the guest, Arsenaal 1824 is entitled to change it after consultation with the guest, provided Arsenaal 1824 offers the guest an equivalent alternative.
8. Arsenaal 1824 is entitled to change the agreed location, provided that it offers the guest an equivalent alternative. The guest may refuse this alternative, in which case the agreement between the parties shall be dissolved, without the parties owing each other any compensation.

Art. 7 PAYMENT

1. Without prejudice to the provisions in article 5 on down payments, the guest must pay that which he/she owes on the basis of an agreement for the consumption of drinks and/or food in the grand café and/or restaurant immediately after Arsenaal 1824 has fulfilled the agreement and therefore before the guest leaves the grand café and/or restaurant. Payment must be made in cash, by credit card, Arsenaal 1824 gift card or by debit card.
2. For agreements other than those referred to in the previous paragraph, Arsenaal 1824's claims are subject to a payment period of 14 days. If and in so far as timely payment is not made, the guest shall be in default without any notice of default being required.

 Art. 8 VALIDITY ARSENAAL 1824 GIFTCARD

1. The Arsenaal 1824 gift card is not redeemable for cash.
2. The Arsenaal 1824 gift card is valid for two years from its issue date, after which any credit on it will expire.

 Art. 9 LIABILITY ARSENAAL 1824

1. Arsenaal 1824 is never liable for any damage suffered by the guest and/or his/her party.
2. If paragraph 1 does not apply, Arsenaal 1824 shall only be liable for direct material damage. For other direct, indirect, or consequential damages (including but not limited to lost profits, loss of relationships, goodwill, reputation, business or contracts, or missed savings) Arsenaal 1824 shall never be liable.
3. If paragraph 1 does not apply, the liability of Arsenaal 1824 is limited to a maximum of twice the amount owed by the guest to Arsenaal 1824.
4. If paragraph 1 does not apply, the liability of Arsenaal 1824 is, without prejudice to paragraph 3, limited by the amount covered by Arsenaal 1824's liability insurance and actually paid out in the case in question, to be increased by the excess.

Art. 10 FORCE MAJEURE

1. There is force majeure for Arsenaal 1824 in a circumstance that cannot be attributed to Arsenaal 1824, but which impedes the performance of the agreement by Arsenaal 1824 to such an extent that its performance becomes impossible or difficult. There is in that case a non-attributable failure on the part of Arsenaal 1824 which cannot be imputed to it.
2. Force majeure includes (but is not limited to) revocation of licences, national mourning, prevention and interruption of transport possibilities as a result of which required products/items cannot be delivered, staff shortages, disruptions in the catering business and impediments caused by measures, laws or decisions of international, national and regional (government) bodies.
3. In the event of force majeure, Arsenaal 1824 and the guest will consider in mutual consultation and in all reasonableness, whether the agreement can be suspended, or adapted to the new situation, e.g. by amending and/or moving the agreement. Cost reductions and/or cost increases as a result of the aforementioned adjustments are entirely for the account and risk of the guest.
4. If suspension or adaptation proves impossible, Arsenaal 1824 and the guest are entitled to dissolve the agreement or the unperformed part on grounds of force majeure.
5. Arsenaal 1824 is not liable for force majeure situations. The guest should insure themselves against the financial risks of force majeure if required.

 Art. 11 COMPLAINTS

1. The guest can no longer claim that the performance of Arsenaal 1824 does not comply with the agreement if the guest has not notified Arsenaal 1824 of this in writing without delay, or if this is not reasonably possible, within 72 hours of the guest discovering or reasonably ought to have discovered this.
2. All claims against Arsenaal 1824 lapse if they are not brought before the competent court within 6 months from the time the guest became aware of them or could reasonably be aware of them.

Art. 12 PHOTO, VIDEO, SOUND RECORDING

1. Arsenaal 1824 is entitled to make video, photo and sound recordings of the grand café/restaurant/terrace, in which the guest and his/her party will possibly appear in or on. Arsenaal 1824 may use these photographs and recordings for promotional purposes including display on its website as well as social media platforms.
2. The guest has the right to request Arsenaal 1824 to have photographs and/or video clips in which the guest appears removed. Our contact details can be found on the website. More information on how Arsenaal 1824 processes personal data can be found in our privacy statement.
3. Without express permission from Arsenaal 1824, the guest is not permitted to make image or sound recordings of the grand café/ restaurant/terrace for a commercial (not private) purpose and/or to use copies of menus/posters/flyers and other printed matter or property of Arsenaal 1824.

Art. 13 APPLICABLE LAW AND DISPUTES

1. Agreements with Arsenaal 1824 are governed exclusively by Dutch law.
2. Any dispute between the guest and Arsenaal 1824 shall, if the court has jurisdiction, be settled by the District Court of Gelderland, location Arnhem. Arsenaal 1824 is also authorised to summon the guest to appear before the court competent under the law, in which case the latter court will have jurisdiction.

Art. 14 FINAL PROVISION

The invalidity of one or more provisions in these general conditions does not affect the validity of all other provisions. If a provision in general conditions proves to be invalid for any reason, Arsenaal 1824 and the guest agree on a substitute provision that approximates the invalid provision as far as possible in scope and purport.