2. Nature of Services
In hiring Vassilis Kallimoukos-Private Chef, you understand and agree that the services requested will be performed by Vassilis Kallimoukos, contracted for hire through the website https://vassiliskallimoukos.com/, and, if required, additional service staff which are collaborators of Vassilis Kallimoukos-Private Chef. Vassilis Kallimoukos will perform some or all of the following services for you: Work with you to develop and create a personalized menu for your event(s), conduct all grocery shopping required to prepare the meal(s) designed by the Chef, meal preparation and presentation, and kitchen clean-up, (hereafter referred to as the “Services”).
Upon initial communication, you will receive a cost estimation in an email. You understand that any additions or deletions from the services, menu, or scope of the engagement will be accomplished verbally. Confirming e-mails to the Client to confirm the nature of a change, such an e-mail is a prerequisite to Client being bound for the cost associated with any modification of the estimate. Final costs are subject to change for various reasons including, but not limited to, the following:
If your guest count increases substantially before the event, we will do our best to provide additional service staff, for which added cost, Client shall be responsible. If we are unable to provide additional staffing, an additional charge may be added to your final bill to cover the increase in duties. Likewise, if Client’s guest count decreases and the service staff that has been arranged is no longer needed, there will be a minimum fifty euro (€50) charge for each person we must take off the scheduled event.
You will note that “planning” is an item referenced in the estimation. This relates to the amount of time the Chef dedicates to working with Client in planning the Client’s event.
Vassilis Kallimoukos reserves the sole discretion to substitute seasonal or specialty grocery items because of availability, freshness or quality.
Client is responsible for any additional costs which are unforeseen at the time the Agreement is entered into, but arise from issues beyond the reasonable control of Vassilis Kallimoukos-Private Chef. In other situations, there may be other unforeseen consequences that necessitate a modification in costs.
All estimates include a gratuity of 5 percent (5%).
A partial advance payment in the amount of forty percent (40%) of the estimate must be received by Vassilis Kallimoukos-Private Chef within five (5) business days of the date on which a Client books the Chef. Specific dates will not be guaranteed until the advance for the event is received by Vassilis Kallimoukos-Private Chef. Full payment is due up to 30 days prior to the event. In case there is availability and the booking occurs a few days prior to the event, the amount should be fully paid on the day of the booking and additional costs will be paid up to 24 hours after the event.
In case the Client requests a delivery service of the chosen menu from the beginning of the booking process, Vassilis Kallimoukos-Private Chef will send the estimate in accordance to this request. When the delivery service is requested instead of Vassilis Kallimoukos-Private Chef normal service up to 30 calendar days before the booking, then the fee will decrease up to thirty percent (30%). If requested later than thirty (30) calendar days, the fee will remain the same. In case there have been additional costs to the initial estimate, it is acknowledged and agreed that Vassilis Kallimoukos-Private Chef, with the Client’s knowledge, is authorized to charge a Client’s credit card with the additional balance owed for the event, and it is understood that this may be up to 24 hours or more before the event’s conclusion. As there may be additional incidental expenses about which Vassilis Kallimoukos-Private Chef does not become aware until the conclusion of an event, Vassilis Kallimoukos-Private Chef, always with the Client’s knowledge, will make an additional charge against the Client’s credit card for such additional incidental expenses as soon as possible after the event. Client represents and warrants that the credit limit for the credit card authorization granted to Vassilis Kallimoukos-Private Chef is sufficient to cover the anticipated charges arising from this Agreement. Vassilis Kallimoukos-Private Chef will mail Client a final invoice (including copies of receipts for purchases made on behalf of the Client) as soon as possible after the event to which the invoice pertains.
Vassilis Kallimoukos-Private Chef accepts payment by cash or credit card only.
A penalty of five euro (€5) per day will be applied to all invoices outstanding after two (2) weeks following the conclusion of an event. Accounts not paid within thirty (30) days are referred to an attorney.
5. Cancellation Policy
- Cancellation by Either Party
Either party may cancel up to thirty (30) calendar days or more before the date of the event. In this situation, the full amount of Client’s advance will be refunded.
- Cancellation by Vassilis Kallimoukos-Private Chef
Vassilis Kallimoukos-Private Chef may cancel in the event outside the reasonable control of Vassilis Kallimoukos-Private Chef, but shall strive to give Client as much notice as is practicable. In the event of such cancellation, Vassilis Kallimoukos-Private Chef will refund all amounts paid by Client up to the point of cancellation.
If Client cancels between twenty-nine (29) and fourteen (14) days prior to the date of the event, Client’s advance will be refunded to Client, after deducting the following fees:
- A one hundred euro (€100) cancellation fee,
- Reimbursement for any out-of-pocket expenses incurred by Vassilis Kallimoukos-Private Chef,
- A fee of fifty euro (€50) for any additional service staff reserved on Client’s behalf.
To the extent the advance funds are insufficient, then Client shall be invoiced for the remaining balance. Cancellation within thirteen (13) days or less of the date of the event will result in a forfeiture of Client’s entire advance. In addition to forfeiture of the advance, Vassilis Kallimoukos-Private Chef reserves the right to request reimbursement for all out of pocket expenses incurred by Vassilis Kallimoukos-Private Chef on behalf of the Client. Such reimbursement is in addition to the forfeited advance.
- In case of cancellation or compensation by or to the Client that has already paid the whole fee or a part of it, there is a three percent (3%) reservation made from the bank to cover transaction costs.
All invoices include a detailed break-down of costs and fees which include, but are not necessarily limited to, the following:
- Vassilis Kallimoukos-Private Chef’s Fee
Vassilis Kallimoukos-Private Chef’s fee is based upon the hourly rate set forth in the estimate sent via email, with a minimum of five (5) hours billed, and hourly increments billed after that. Vassilis Kallimoukos-Private Chef uses his or her time to: Take your calls, create your menu, visit your event site and kitchen (if necessary), provide you an estimate, shop, reserve & order, travel to (but not from) the event site, prep, present the meal and clean up.
Depending on the menu and the number of attendees, service staff may be required for your event. The service staff is arranged by Vassilis Kallimoukos-Private Chef and charged to you at eighty euro (€80) per person per shift, unless provided otherwise in the estimate. (A “shift” for this purpose is the length of service necessary for the particular meal(s) or event(s) for which Vassilis Kallimoukos-Private Chef is hired, most typically a period between five (5) and eight (8) hours. If it is necessary to extend the time beyond 5 hours, Client will be billed in additional half shift increments.
Holiday rates are calculated at one and a half (1.5) times the regular rate for Chef and service staff charges. The following days or dates are considered holidays for this purpose: New Year’s Eve, New Year’s Day, Epiphany, Clean Monday, Greek Independence Day, Good Friday, Holy and Great Friday, Orthodox Easter, Orthodox Easter Monday, Labour Day, Pentecost, Whit Monday, Formation of the Mother of God, Ohi Day, Christmas Day, 2nd Day of Christmas.
- Food and Beverage Costs/Party Rental and Supply Costs
Food and beverage and party rental and supply costs are direct costs. We do your shopping and, if requested, reserve party supplies and equipment. We do not mark up these costs or profit from them in any way. We charge for the time it takes to shop or reserve these items and give you the receipts directly for reimbursement.
A loading fee of up to two hundred and fifty euro (€250) may be applied to events not held in a private home/kitchen, locations that require extensive loading and unloading, or for events of more than twenty-five (25) people.
Sometimes our clients request a menu for which their kitchen is not yet equipped. If special services or preparation time are required to accommodate Client’s request(s), Vassilis Kallimoukos-Private Chef will first determine if the items can be rented (e.g., sushi or fondue sets); if they are unavailable for rental Vassilis Kallimoukos-Private Chef can purchase the items and the amount of these special purchases will be included in your invoice; after the event they are yours to keep. To the extent you do not wish to purchase such items, Vassilis Kallimoukos-Private Chef reserves the right to change and adjust the menu to the available equipment and supplies.
- Chef’s Supply & Pantry Fee
If you request the use of Vassilis Kallimoukos-Private Chef’s supplies (e.g. tables, serving bowls and platters, etc.) we will apply a chef’s supply fee for the use of these items. Additionally, rather than purchasing every item needed to complete your menu (e.g. baking soda or salt, etc.) we may choose to use ingredients from the Chef’s pantry and apply a nominal pantry fee to your invoice.
All invoices will include a gratuity of five percent (5%).
Vassilis Kallimoukos-Private Chef reserves the right to ask that Client do either or both of the following, at Client’s own expense: a) Make Vassilis Kallimoukos-Private Chef an additional insured on Client’s homeowners insurance policy; and/or b) obtain from the Client’s homeowner’s insurance carrier insurance protection for the chef and service staff working for Client under the Agreement.
Client shall indemnify, defend and hold harmless Vassilis Kallimoukos Private Chef, and staff members from and against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorney fees and costs, that Vassilis Kallimoukos-Private Chef may incur or suffer and that result from Client’s breach or failure of Client to perform any of the obligations set forth in this Agreement, or from Client’s negligence or any willful act, or the negligence or willful act of any of Client’s agents, guests, associates, or related parties.
9. Limitation of Liability
The Chef, service staff, equipment and food prepared for Client are all provided by or through Vassilis Kallimoukos-Private Chef entirely at the Client’s risk. Vassilis Kallimoukos-Private Chef shall be under no liability to the Client for any loss or damage resulting from any defect in the services or food, or the failure of any equipment or supplies, regardless of whether Vassilis Kallimoukos-Private Chef had any prior knowledge. Vassilis Kallimoukos-Private Chef is not liable for any injuries sustained as a result of Vassilis Kallimoukos-Private Chef’s involvement at a Client’s event, including, but not limited to, any injury resulting from the action or inaction of the Chef or service staff, or sickness or death from any food prepared. Vassilis Kallimoukos-Private Chef will send a form via email that should be thoroughly answered and applied for all participants from the person doing the booking. It is the sole obligation of Client to discern the potential of Client or Client’s guests for allergic reactions, and Client’s obligation to affirmatively discern from the chef what ingredients pose a special threat.
If alcohol is to be served at a Client’s event, it is the Client’s obligation to procure all alcohol and the bar setup necessary (e.g., olives, napkins, mixer, etc.) for the event; however, Vassilis Kallimoukos-Private Chef may assist Client in determining the amount and variety of beer, wine and liquor which may be appropriate given the nature of the event, and food to be served. While Vassilis Kallimoukos-Private Chef or service staff may assist a Client in the serving of alcohol, this is done under the strict direction and control of the Client. It is Client’s sole and absolute obligation to ensure those served are of legal age. Unless Vassilis Kallimoukos-Private Chef service staff is expressly advised otherwise, it shall be presumed that all attendees at a Client’s event where alcohol is to be served have all been confirmed by Client to be of legal age, using proper identification. It is also Client’s sole responsibility and liability to ensure that those who are attending an event, who will be driving, are not served alcohol after their blood alcohol content reaches or exceeds the legal limit for intoxication, for purposes of violations for driving under the influence. Client understands and agrees that Vassilis Kallimoukos-Private Chef or service staff will rely exclusively on Client’s active direction in this regard.
11. Miscellaneous Provisions
If a court holds any provision of the Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected unless an essential purpose of the Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of foul weather, pandemic, road blockages, power outages, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond the reasonable control of such party. In the event that Vassilis Kallimoukos-Private Chef cannot provide the Services as planned, we will submit for payment an invoice for the labor and expenses incurred up to that point.
The Agreement is entered into and is to be performed, and/or deemed performed, in Greece. The Agreement, and any dispute arising from the relationship between the parties to the Agreement, shall be governed by Greek law regardless of any conflict of law provisions, including any laws that direct the application of another jurisdiction’s laws. The parties expressly submit to the jurisdiction of Greece in general, and specifically to the jurisdiction of the courts of Greece for any action brought in court.
No waiver or amendment, including those by custom, usage of trade or course of dealing, of any provision of these Ts&Cs will be effective unless in writing. One party’s waiver of any default or breach under these Ts&Cs by the other shall not constitute a waiver of any subsequent default or breach.
These Ts&Cs if asked by the Client can be signed in counterparts, which together shall constitute one contract. Faxed signatures shall be construed to be as valid as originals.
The rights and obligations of the parties under this Agreement shall survive any termination of this Agreement to the extent necessary to protect the rights and enforce the obligations of the parties.
Except for verbal changes in the menu or scope of the Services as referenced above, the Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of the Agreement shall be binding unless it is in writing and signed by the party to be charged.
- Notice of Terms and Conditions
Upon agreeing with the Ts&Cs by ticking the adequate box in the website www.vassiliskallimoukos.com, Client will attest to having read these Ts&Cs, and can be provided a copy of them. Attestation of having read these Ts&Cs the availability of them on our website prior to completing the booking shall be deemed to constitute actual notice to the Client of these Ts&Cs and the Client shall be bound hereby.
The parties agree to meet and confer in good faith to attempt to resolve any dispute arising out of the Agreement. Any disputes which are not resolved by meeting and conferring may be submitted to mediation in Greece under a mutually agreeable mediator. If the parties cannot agree on mediation or a mediator within twenty (20) days, they may agree to submit the dispute to any court having jurisdiction. It is expressly agreed that the arbitrator shall be empowered and permitted to grant preliminary and permanent equitable relief in addition to awarding damages. To the extent the parties cannot agree to mediation or arbitration, and a mediator or arbitrator, within forty (40) days of the dispute, this alternative dispute resolution section shall be void and inapplicable. To the extent mediation, arbitration or judicial proceedings involve enforcement or payment of money owed to a party, or for other fees or costs incurred by that party in enforcing its rights under the Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, including mediation fees (if applicable).