Terms & Conditions
Introduction to Le Festa
Le Festa also called as Festa is a digital marketplace(orplatform) which allows restaurants, chefs and home chefs tooffer, publish, sell andadvertise diningexperiences and supplements, for example- cook-books, condiment, wine, sauces) to individuals, institutions andcorporates.
Le Festa enables guests to purchase dining experiences which are pre- ticketed (paid in advance), and have a prefixed menus and other products offered by the hosts. Le Festa promotes a simple and user-friendly cancellation policy protecting the interest of guests and hosts with the primary objective to significantly reduce ‘no shows’ and food wastage for the hosts.
Le Festa also enables guests to hire the services of the host for private dining events. Finally, Le Festa also allows for charities to be registered for which users can organize fundraisers.
To use services of Le Festa the hosts and guests need to register using an online signup process available on the website of Le Festa www.lefesta.com and on applications for mobile, tablet and other smart devices and application program interfaces.
We do not warrant that our website and/or our services will be uninterrupted or error-free. We may correct, modify, amend, enhance, improve and make any other changes to our website and our services at any time or discontinue displaying or providing any content or features without a notice to you, being a website visitor, a guest or a host.
Note; Festa cannot prohibit minors from visiting this site and must rely on parents, guardians and those responsible for supervising children to decide which materials are appropriate for such children to view and/or purchase.
We advise you to familiarize with the regulations, whether fiscal, administrative, or of any other nature, that may apply to you whether you are a guest or a host.
I. General Terms and Conditions
1. Definitions used in these Terms and Conditions
The following definitions in these Terms and Conditions will have the following meaning:
- “T&C” means these Terms and Conditions;
- “Le Festa” is the tradename of Hungry Birds BV, a Dutch limited liability, registered in Amsterdam, located in ***, registered under number *** of the Chamber of Commerce and as a term in this T&C used to describe this entity and all of its affiliated and subsidiary companies;
- “Le Festa Platform” means the website(s) www.lefesta.com and other websites established by Le Festa and all Le Festa application(s) for mobile, tablet and other smart devices and application program interfaces;
- “You” means the natural or legal person(s) that use(s) the services of Le Festa (through the Le Festa Platform), either as a Host, Guest or as a User of the Le Festa Platform;
- “Product(s)” means dining experiences and dining events;
- “Supplement Products” means supplements to the dining experiences and events, for example cook-books, condiment, wine, sauces, etcetera;
- “Host(s)” means any restaurant, chef and home chef that offers, publishes, sells and advertises their Products through the Le Festa Platform;
- “Guest(s)” means any individual, institution and corporate to which the Products are offered by the Hosts;
- “(Le Festa) Services” means the facilitation of a digital marketplace or platform with related technology for Guests and Hosts to meet online with the aim to sell and purchase Products from each other;
- “Parties” means You and Le Festa;
- “Agreement” means the written agreement among Parties to the accomplishment of (an) assignment and the conditions that apply to such accomplishment(s);
- “PlatformContent” means all content on the Le Festa Platform particularly its editorial content, graphics, applications, software, and its features, apart from Your Content;
- “Host Charges” means the fees that a Host will charge each Guest, inclusive of all sales and analogous or other taxes;
- “Festa Fees” means a fee that Le Festa charges the Host for the use of Festa Services;
- “Transaction Costs” means the third party transaction costs in order for a Product from a Host to be purchased by a Guest;
- “Total Fees” means the total fees that a Guest shall pay for purchasing a Product, including Host Charges, Festa Fees, Transaction Costs, taxes and all other add-ons;
- “Charity Fund” means fees that a Guest will designate as a price for each Guest to a Charity event, inclusive of all sales and analogous or other taxes;
- “Applicable Law” means all relevant European, national and regional laws, rules and regulations on for example, not limited to tax, privacy and personal data collection, consumer rights, health and (social) hygiene, employment and permits;
- “Transaction” means any transaction between a Host and a Guest through the Le Festa Platform;
- “User” means any person or organization making use of the Le Festa Platform, either as a visitor, or logged in as a Host or Guest;
- “User Content” means content on the Le Festa Platform, posted by Hosts, Guests or visitors, such as Product advertorials, feedback, Product ratings;
- “Charity” means a non-profit organization that wishes to raise awareness for its cause through the Le Festa Platform and that allows Users of the Le Festa Platform to organize fundraisers and to make payments to such organization.
2. Applicability, Use of Le Festa Platform
- These T&C are applicable to all Services, Products, assignments and agreements of Le Festa.
- By using the Le Festa Platform and other Le Festa Services, You agree to be bound by these T&C. Application of terms and conditions of any Host or Guest is expressly precluded.
- Le Festa only makes available an online platform or marketplace with related technology for Guests and Hosts to meet online with the aim to place, sell and purchase Products from each other. Festa is not an owner or operator of the Products on sale. Le Festa’s responsibilities are limited to facilitating the availability of the Le Festa Platform and Services.
- Users of the Le Festa Platform may view Products of Hosts as a User, however, if a User wishes to book any Product, create a Product or sell a Product, or create an e-mail invite to send to friends, the User must first register as a Guest or Host.
- The following provisions of these T&C shall survive termination of these T&C Sections numbered 4 (“Le Festa’s ownership of the Platform Content, User Content”), 5 (“Liability”), 7 (“Governing Law and Jurisdiction”, 12 and 17 (“Warranties”).
3. Services offered by payment partner Stripe
- Payment provider Stripe provides services for the issuing, use and management of e-money. These services are offered on the Le Festa Platform as a means of payment for Products. No other method of payment is available on the Le Festa Platform.
- If You become a Host or Guest, You agree to be bound by the Terms and Conditions of Stripe which is included in the Stripe Connected Account Agreement.
- The creation of a Host or Guest account as defined below includes the creation of an “Account” as defined under the Terms and Conditions of Stripe. Acceptance of a Product on Le Festa by a Guest constitutes a “Transaction” as defined under the Terms and Conditions of Stripe.
4. Le Festa’s ownership of the Platform Content, User Content
- The Le Festa Platformincluding all of its Content is the exclusive property of Le Festa and its rightful owners. Any reproduction, (literal) translation, imitation, modification, transmission, publication, display or download, boxing, distribution or insertion, either in whole or in part, in any form whatsoever or by any means whatsoever, of any or all of the elements of the Platform Content belonging to Le Festa is strictly forbidden without the prior written approval of Le Festa.
- Any person is authorized to use the Le Festa Platformand the PlatformContent under the conditions set out in this T&C. Any use of the Le Festa Platformor of the PlatformContent other than that allowed in this T&C, or for other purposes than it was created for, is strictly forbidden.
- By posting User Content on the Le Festa Platform, You expressly acknowledge, guarantee allow and agree that:
- User Content can be made public;
- Everyone, including visitors who do not use the Le Festa Platform, can access User Content and to use it and to associate it with any User;
- User Content does not confer any rights upon any User, of any nature whatsoever and no property rights, including intellectual property rights, on the Le Festa Platform;
- Le Festa is granted a worldwide, non-exclusive, transferable, sub-licensable, unlimited royalty-free license to use UserContent. This license allows Le Festa, without limitation, to edit User Content, to reproduce it, in whole or in part, to represent it, to translate it, to group it with other User Content or elements, to remove certain words to use them in search tools, to use it for promotional or commercial purposes;
- Le Festa has the right to use User Content without financial compensation, and particularly to exploit the content both for purposes of external and internal communication, and for institutional, events, promotional or advertising purposes, whether within the scope of the Le Festa Platformor for other purposes;
- Le Festa is under no obligation to store User Content and/or to publish User Content and is entitled, at any time and without prior notice, to delete User Content from the Le Festa Platform.
- Le Festa in its sole discretion, may terminate any use of the Le Festa Platformand any service provided through thePlatform, and may remove and discard any content, including User Content, at any time, for any reason and without notice. Le Festa shall not be liable to any User or any third party for any such termination.
- Le Festa only makes available an online platform or marketplace with related technology for Users, Guests and Hosts to meet online with the aim to sell and purchase Products and Supplemented Products from each other. Le Festa is not an owner or operator of the Products or Supplemented Products. Therefore, Le Festa’s responsibilities and liabilities are limited to facilitating the availability of the Platformand Le Festa Services.Le Festa shall only be liable for attributable and direct damages that are the result of gross negligence or willful misconduct by Le Festa in its execution of the Services.
- Le Festa is not responsible nor liable for the quality, accuracy, timely shipping and delivery and exchange of Supplement Products.
- Following the above, Le Festashall in no way be liable for:
- Errors, shortcomings or deficiencies in any Content including User Content, Products, Supplement Products, material, information or documents provided by the Hosts;
- Incorrect or incomplete description of Products of parts of products or (parts of) Supplement Products, provided by the Hosts;
- Damage to, loss of or destruction of materials, goods, data or information provided by the Hosts and Guests;
- Misunderstandings, errors or shortcomings in the execution of Products and/or Supplement Products, insofar as these are caused by the Hosts;
- Errors or shortcomings made by third parties that were hired by the Hosts;
- Errors or shortcomings in the result of Product and/or Supplement Product and the services of Le Festa;
- Errors or shortcomings or deficiencies in the functioning of the Le Festa Platform.
- The liability for all concerning Products and Supplemented Products lies fully with the Hosts. As a result, product liability is fully excluded from all Services with and shall never apply to Le Festa. Le Festa does not accept any liability resulting from shortcomings in Products and/or Supplemented Products, offered by the Hosts as a result of the Services of Le Festa.
- Le Festa shall never be liable for consequential or indirect loss, including missed profits or revenues, damaged materials or documents and losses resulting from company stagnation. The liability of Le Festa is at all times limited to the total amount charged by Le Festa, though the amount shall never exceed the amount the insurance provider of Le Festa compensates Le Festa for.
- Le Festa reserves the right to temporarily suspend access to the Le FestaPlatformand/or Services for technical reasons or for maintenance without these operations giving any rights to any kind of compensation whatsoever.
6. Force Majeure
- In the event that Le Festa is unable to fulfil any of its obligations due to a non-attributable failure (force majeure), the fulfilment of those obligations will be suspended for the duration of the force majeure situation.
- In the event of force majeure applicable to Le Festa, Guests, Hosts or other Users will not be entitled to any compensation (in damages), not even if Le Festa were to have any advantage as a result of the force majeure.
- Force majeure is taken to mean every circumstance beyond the control of Le Festa, fully or partially impeding the fulfilment of Le Festa’s obligations, or as a result of which the fulfilment of Le Festa’s obligations cannot reasonably be required from Le Festa, regardless of the fact whether that circumstance could have been foreseen. Those circumstances will include: measures by any government body, understaffing of Le Festa due to illness, force majeure applicable to a third party that has been engaged by Le Festa, technical breakdowns leading to lengthy interruptions of the Le Festa Platform, loss of information or files, all in the broadest sense of the terms.
7. Governing law and competent jurisdiction
- All Services offered by Le Festa,the use of the Le Festa Platform as well as the contents of this T&C are subject to Dutch law.
- Any dispute in relation to this T&C, the Services offered by Le Festa or use of the Le Festa Platformwill be subject to the jurisdiction of competent courts in Amsterdam, The Netherlands.
II. Specific Terms and Conditions applicable to Hosts
8. Registering as a Host, use of the Platform
- In order to use the Services of Le Festa as a Host, Userscan create an account at the Le Festa Platformand fill in the host online form specific to any of the categories (chef, restaurant, home chef) providing all necessary information required in a complete and accurate manner. Le Festa shall review the account and once approved, a Host can offer Products and Supplement Products to Guests through the Le Festa Platform.
- Hosts agree to update their account information when required or requested and agree not to use another person's account without permission. Hosts are responsible for maintaining the confidentiality of their account and password and for restricting access to their account.Hosts agree to accept sole responsibility for all activities that occur under their account or password.
- Hosts agree to notify Le Festa immediately at firstname.lastname@example.org of any breach of security or unauthorized use of their account. Le Festa shall not be liable for any losses, damages, liabilities or expenses caused by any unauthorized use of a Hostaccount, and any Hosts agrees to indemnify Le Festa for any such unauthorized use.
9. Placing a Product
- Only Hosts can place Products and Supplemented Products at the Le Festa Platform. When placing Products, Hosts choose whether the Product shall take place at the Host’s location or whether the Host (also) offers the Product at the location of the Guest’s choice. Only Hosts that have added this option to their account will be eligible to offer the Product at the location of the Guest’s choice.
- When listing a (Supplemented) Product on the Le Festa Platform, Hosts disclose as much information as possible, including details containing at least the following information:
- Time and location of the Product to take place and details of the meal(s) to be served;
- What Host Charges apply to such specific (Supplemented) Product;
- Ingredients of the Supplemented Products;
- The amount of Guest spots available;
- Who the chef of the Product shall be;
- For Supplemented Products: the applicable shipping costs, if any.
- Hosts acknowledge that they shall be bound by the cancellation policy of Le Festa as stipulated in Article 15.2 of these T&Cs. In the event that a Host wishes to apply a deviating cancellation policy, this Host shall communicate its cancellation policy at the Le Festa Platform.
- In the event that a Guest has questions for the host or otherwise wishes to correspond with the Host prior to purchasing a Product, the Guest can communicate directly with the Host through the Le Festa Platform. A Host is solely responsible for responding to the Guest and the contents of its responses.
- In the event that a Host wishes to communicate a specific code of conduct, the Host shall make sure that the contents of such a code are communicated to the Guests prior to such Guests purchasing a Product.
- When placing a Supplemented Product, Hosts shall provide as many details as possible, but shall in any event disclose the Host Charges of such Supplemented Products.
10. Host Charges, Festa Fees and Payment
- Hosts are solely responsible for setting the Host Charges, Hosts cannot increase or modify the Host Charges of a Product that has been sold to a Guest. Modification of the Host Charges of a Product that has been placed is possible, with no effect to yet sold Products in the same series.
- For each Transaction pertaining Host Charges, Le Festa shall charge a specific percentage as Festa Fees to the Host. Prior to signing up for the Le Festa Platform as a Host, Le Festa shall communicate the applicable Festa Fees to the Host. Only upon approval of the Host of the Festa Fees, the Host can place Products.
- Upon payment of a Guest for a Product placed by a Host, a binding agreement between that Guest and Host has come into force.
- Le Festa arranges a service for the Host Charges to be collected and held in a third-party trust account. The Host shall receive all Host Charges, paid by Guests to Le Festa, minus the applicable Festa Fees:
- Within 24 hours after Le Festa has received payment of a Guest, in the event that the Product is offered by a Host that represents a restaurant;
- Within 48 hours after a Product was delivered (starting time), in the event that the Host is a home chef receiving Guests in his house;
- Within 14 days after Le Festa has received payment of a Guest of a Supplemented Product, insofar as the Guest has not expressed a wish to undo the purchase in conformity with Article 16 of these T&Cs.
- Hosts acknowledge that payment for (Supplemented) Products can only take place through Le Festa and that Le Festa has no other liability towards a Host than payment of the (Supplemented) Products sold through the Le Festa Platformin accordance with this Article, specifically Section 3, and paid by Guests.
- AHost, when enabling payment processing services through Stripe, agrees to provide Le Festa accurate and complete information about the Host and the Host’s business, and authorizes Le Festa to share such information and transaction information related to the Host’suse of the payment processing services provided with Stripe.
- Each Host can, at all times, find and download an overview of all Transactions, including Host Charges received and Festa Fees paid, on the Le Festa Platform.
- Hosts agree and acknowledge that they are responsible for discharging all their own tax obligations (including sales taxes including, but not limited to, VAT) whether these are imposed on a state, local or other level. Le Festa assumes no obligations whatsoever in this regard.
- If required for the purposes of its dealings with any tax or regulatory authority, Hosts shall provide Le Festa, within a reasonable timeframeupon Le Festa’s first request, any information, data, documentation and/or copies of communications (whether in electronic format or otherwise) which relate to the Products in which the Hosts have participated.
- Hosts shall, promptly on request, provide to Festa all reasonable assistance in any discussion or dispute with any tax authority with respect to the VAT or sales tax treatment of Productsthat those Hosts have been advertising and selling through the Le Festa Platform.
11. Complaints, Return of a Supplemented Products
- In the event that a Guest believes that the Host did not provide a (Supplemented) Product of the expected standard, such Guest may request a (full or partial) refund of the Total Feespaid with Le Festa. If Le Festa, in its sole discretion,decides that a (partial) refund is in order, it shall notify the respective Host of this decision. The amounts refunded to the Guest shall be deducted from the payments mentioned in Article 10.4 of these T&Cs.
- It is the sole responsibility of Hosts to provide after sales services to Guests after they purchased Supplemented Products. This responsibility entails, i.a., the processing of returns as described in this provision and processing complaints.
- Hosts acknowledge that, in connection with the terms described in Article 15 of these T&Cs, a Guest has the right to return a Supplemented Product without cause.If a Guest has, inconformity with these T&Sc, informed Le Festa that it wants to return a Supplemented Product and/or if Le Festa receives a returned Supplemented Product, Le Festa shall inform the respective Host. In that event, the Host is obliged to follow the instructions of Le Festa on how to process the return and it shall be the sole discretion of Le Festa to decide whether the Host Fees shall be refunded to the Guest. In the event that a Guest contacts the Host directly for a return, the Host shall process such contact in compliance with Applicable Laws, taking into account the terms and principles of Article 16 of these T&Cs.
- Hosts guarantee and warrant that by posting User Content, and specifically when placing a Product that by posting such Content and listing, selling and organizing such (Supplemented) Product, this Host:
- Acts in good faith and in accordance with Applicable Laws;
- Does not infringe any third party’s rights, including rights of intellectual property;
- When representing a company or entity, has the authority to bind such company or entity, and that such company or entity has authorized this Host to accept these Terms on its behalf.
III. Specific Terms and Conditions applicable to Guests
13. Registering as a Guest, use of the Platform
- In order to purchase (Supplemented) Products as a Guest, Users can create an account at the Le Festa Platformproviding all necessary information in a complete and accurate manner.
- Guests agree to update their account information when required or requested and agree not to use another person's account without permission. Guests are responsible for maintaining the confidentiality of their account and password and for restricting access to their account.Guests agree to accept sole responsibility for all activities that occur under their account or password.
- Guests agree to notify Le Festa immediately at email@example.com of any breach of security or unauthorized use of their account. Le Festa shall not be liable for any losses, damages, liabilities or expenses caused by any unauthorized use of your account, and any Guest agrees to indemnify Le Festa for any such unauthorized use.
- Once a Guest has registered an account, some services free of charge such as making email invites to send to friends, can be used.
- Guests may add information on their (dietary) preferences to their account.
14. Product purchase and payment
- Guests can purchase (Supplemented) Products placed on the Le Festa Platform. Availability of any Product and the Total Fees are subject to change without notice.
- The applicable Total Fees for a (Supplemented) Product are presented to the Guest prior to the Guest purchasing a (Supplemented) Product on the Le FestaPlatform.
- Prior to making a purchase, Guests may engage in direct contact with a Host in the event that they seek further details on a specific (Supplemented) Product. It is the sole responsibility of the Guest to inquire whether certain (Supplemented) Product is suitable given specific (dietary) preferences or restrictions of the Guest.
- When purchasing a (Supplemented) Product, the Guest shall be subject to approval of the Host before the purchase is accepted. When the purchase is accepted, Guests are directed to Le Festa’s payment provider partner Stripe for payment of the purchase. Guests agree to pay all charges incurred by Stripe, including Transaction Costs.
- When purchasing a (Supplemented) Product, Stripe shall request certain information including, without limitation, name, address, credit card and other information. Guests agree that all information provided to Le Festa and/or Stripe or any other third-party provider is accurate, current and complete.
- Upon payment of the Total Fees, a binding agreement between the Guest and specific Host has come into force. Guests shall receive a ticket containing a description of the Product and its details (including time and address of the Product) as well as a confirmation email of Le Festa, containing a unique purchase identification number. Guests are requested to bring the ticket to the Host.
- The Guest agrees to bear the cost of currency exchanges and risks in fluctuations in currency exchange rates.
15. Refunds, transfers
- In the event that a Guest believes that the Host did not provide a (Supplemented) Product of the expected standard, such Guest may request a (full or partial) refund of the Total Feespaidat firstname.lastname@example.org. Guest needs to provide all supporting evidence, information and images if applicable. Le Festa shall take into consideration requests made within 24 hours after a (Supplemented) Product was delivered (starting time). Le Festa shall use reasonable endeavors to assess merits of such claims, however it has no responsibility or liability to any party involved. Le Festa, in its sole discretion, may make or decline refunds pursuant to these T&Cs.
- Guest will qualify for a full refund of the Productin the following events:
- if a Product is cancelled 48 hours before the Product was supposed to be delivered (starting time). The Guests shall be charged for any Transaction Costs;
- if a Host cancels a Product for whatever reason. In that event, the Host shall be charged for any Transaction Costs;
- Some Hosts may apply a different cancellation policy. Guests will be informed of any Host-specific cancellation policy prior to a purchase.
- In the event that a Guest cancels a Product less than 48 hours prior to the Product is scheduled to be delivered (starting time), there will be no refund.
- Transaction Costs charged by Stripe (if applicable) will be deducted from the refunded amount.
- The Product purchased by a Guest is transferable. In order to transfer a Product, the Guest can transfer the ticket Le Festa has sent as a token of proof of the purchase.
- Le Festa is never responsible nor liable for Products, whether or not in the form of tickets, that were not sold through the Le Festa Platformand that were traded on the secondhand market. Refunds of Products bought on the secondhand market or to a person that cannot identify him or herself as the Guest that purchased the Product on the Le Festa Platformare not possible.
16. Return policy Supplemented Product
- Upon delivery of a non-perishable Supplemented Product, a Guest has a 14-day period to decide whether to keep it or to return it under the conditions as described in this article. In the event that a Guest wishes to undo the purchase, it shall notify Le Festa thereof in written within 14 days after the day of delivery of the Supplemented Product, preferably by using the European standardform for withdrawal which can be found at the Le Festa Platform or by sending an email to email@example.com.
- Upon receiving the notification as mentioned in the previous section, Le Festa shall confirm that is received the Guest’s notification and provide the Guest with information on how to return the Supplemented Product and provide address details. Guests shall bear the full shipping costs of the return.
- If and insofar as the returned Supplemented Product are received within 14 days after having received the instructions from Le Festa as mentioned in the previous section, Le Festa shall refund the Total Fees of the Product, including shipping costspaid by the Guest for the shipping of the Supplemented Product to the Guest, within 14 days from the day the returned Supplemented Product was received.
- Supplemented Products that are not in an unused state, that were opened, of which the seal was broken or that were consumed (partially) will either not be accepted as a return in the sense of this Article or not be eligible for a full refund as mentioned in section 3 of this Article.
- Any Guest represents and warrants:
- To be 18 years or older;
- To have read, understood and approved these T&Cs;
- To have used correct and accurate information when signing up for the Le Festa Platform, when purchasing a Product and paying for such Product;
- When posting User Content, to not infringe any third party rights, including rights of intellectual property;
- To act in good faith.
- In order to use the Services of Le Festa as a Charity, Charities can create an account at the Le Festa Platform and fill in the charity online form specific to Charities, providing all necessary information required in a complete and accurate manner. Le Festa shall review the account and once approved, a Charity shall be visible on the Le Festa Platform.
- Once placed on the Le Festa Platform, any Guest can choose a Charity and create a fundraising event for such Charity on the Le Festa Platform, adding at least the following information:
- Set the Charity Fund for this event;
- Time, location and other details of the event;
- The number of Guests that can participate in the event.
- Le Festa shall charge a specific percentage as Festa Fees to the Charity. Prior to any fundraising event being listed as available, Le Festa shall communicate the applicable Festa Fees to the Charity. Only upon approval of the Charity of the Festa Fees, the event shall become bookable.
- Festa arranges a service for the Charity Fund to be collected and held in a third-party trust account. The organizing Guestand the enlisted Charity shall receive anyCharity Fund, paid by a Guest to Le Festa, minus the applicable Festa Fees, within 12 ]hours after payment of that Guest. It shall be the sole discretion of the paying Guest to decide what portion of his payment, if any, shall be for the organizing Guest to keep and not to be forwarded to the Charity.
- Fundraising events shall not be made public and are only open to the organizing Guest and the invitees that the Guest reaches out to. Individuals, invited by a Guest, that wish to participate, first need to create an account with Le Festa and are subsequently are directed to Le Festa’s payment provider partner Stripe for signing up and payment of the purchase.