General Terms and Conditions for Coach Companies
These “General Conditions for Coach Companies” apply between the member coach company and My Bus Food.
Offer: the range of food and beverages and care of their ordering and payment which is offered by the coach companies through the platform (App) My Bus Food.
App My Bus Food (hereinafter: App): the mobile application (app) developed by My Bus Food where the Customer can order, pay for and have food and beverages delivered from the coach companies.
Order: an order from the Customer that consists of ordering food and beverages from the coach companies through My Bus Food’s app.
Services My Bus Food: enabling the ordering of food and beverages through the affiliated coach companies, by, among other things, displaying the offerings through the app and forwarding orders to the coach companies creating a contract between the customer and the coach company.
Host: the employee of the coach company who takes care of an order.
Customer: the consumer who takes the order from the coach company via the app.
My Bus Food: the company My Bus Food offering the app is located at Ruys de Beerenbroucklaan 3C, 6417 CC in Heerlen and registered with the Chamber of Commerce under number 80118186 and our VAT number is NL003401134B60.
My Bus Food Dashboard: the account with username and password where, after registration, the coach company is provided access by My Bus Food and information about the coach company, offerings, buses and hosts is included.
Agreement: the recorded arrangements between My Bus Food and the coach company.
Products: the food and drinks offered by the coach companies through the app.
Coach company: the coach company affiliated with My Bus Food that prepares food and beverages.
2. Applicability of General Conditions for Coach Companies.
These terms and conditions apply only between the Coach Company and My Bus Food.
By entering into an Agreement with us, the Touring Car Company declares to be familiar with and agree to the contents of these General Terms and Conditions for Touring Car Companies (hereinafter: Touring Car Company Terms and Conditions) and our Privacy Statement. The applicability of general terms and conditions of any general terms and conditions of the Touring Company is also expressly excluded.
If any provision in these Terms and Conditions of Coach Companies is null and void or destroyed, the remaining provisions shall remain in full force and effect. My Bus Food and the Touring Company will, by mutual agreement, replace the provision(s) that approximate as much as possible the purpose and purport of the void or voided provision.
How we handle and protect coach company data can be found in our Privacy Statement.
3. Registration Touring Company through which an Agreement is established
To use our Services, the Touring Company must sign up by completing the registration form through the website and agree to our Touring Company Terms and Conditions.
An Agreement is established between the Coach Company and My Bus Food once the registration is confirmed to the Coach Company by My Bus Food.
The duration of the Agreement is contained in the arrangements between the Coach Company and My Bus Food which are included in the Agreement.
Upon confirmation of registration by My Bus Food, the Coach Company will obtain access to the My Bus Food Dashboard account.
The Coach Company handles account login information with care. This means that only the Touring Company and persons authorized by it have access to the account. The Touring Company is fully responsible for what happens on and with the account.
The Coach Company will ensure that after registration, information about the Coach Company, Offer, buses and Hosts are entered in a timely manner through My Bus Food Dashboard.
My Bus Food may determine in its sole discretion not to allow a request for registration from a Coach Company.
4. Obligations My Bus Food
My Bus Food only provides the ability for the Coach Company to contract with a Customer to deliver food and beverages. My Bus Food is not a party to this and only has a facilitating role between the Coach Company and the Client. The Coach Company is exclusively responsible for the fulfillment of the contract between the Coach Company and the Customer.
My Bus Food provides its App to carry out its facilitation role.
Through My Bus Food Dashboard, My Bus Food grants the Touring Company access so that it can enter and also manage information about the Touring Company, Products, Buses and Hosts.
My Bus Food provides access to the necessary data through My Bus Food Dashboard to execute the Agreement.
5. Obligations of Coach Company towards My Bus Food
The Coach Company shall ensure that all information necessary for the proper execution of the Agreement has been provided to My Bus Food and is up-to-date on an ongoing basis. This includes information about the Coach Company, Products, registered buses and hosts.
My Bus Food does not check the information mentioned in the previous paragraph for accuracy or completeness. The Coach Company is responsible for this itself.
My Bus Food has no influence on, is not responsible nor liable for the content of the Products and (legal) requirements regarding ingredients, alcohol, food safety, allergens, etc. The Coach Company is required to post as accurate information about this as possible in My Bus Food Dashboard.
If the Touring Company cannot update the information to be provided in the previous paragraphs itself through the My Bus Food Dashboard, it is required to communicate the information to My Bus Food no later than 14 days before the information is to be posted so that it can implement the data.
The Coach Company shall ensure on an ongoing basis that it does not act in any way that damages the reputation of My Bus Food.
The Coach Company shall refrain from selling Products whose sale is not permitted.
The Coach Company refrains from reselling Third Party Products or services through the App that are not part of the Coach Company’s offer.
The Touring Company shall ensure that when selling Products to which there are legal requirements such as, for example, an age limit, the Touring Company complies with the legal requirements when selling them and has the necessary licenses.
The Touring Company shall immediately inform My Bus Food if an investigation related to food safety or any other violation has taken place at the Touring Company or its employees.
No links or references to third-party websites are allowed in the My Bus Food Dashboard without My Bus Food’s permission.
6. Obligations of Coach Company towards the Customer.
The Coach Company is to the Customer courteous, respectful and has customer satisfaction at all times.
The Coach Company is available to the Customer by email, app or phone during business hours.
The Products must be safe for consumption, hygienically prepared and packaged and correspond to what the Customer ordered.
Once an Order is placed through the App, the Touring Company is obliged to process the Order, unless there is a (valid) cancellation or force majeure. The Coach Company will notify the Customer as soon as possible, in any case within 20 minutes of receiving the Order. The Coach Company is obliged to propose an alternative to the Customer. This also applies if the Products are (temporarily) not (partially) available. Any costs incurred as a result will be the sole responsibility of the Touring Company, never My Bus Food.
The Coach Company shall ensure that the Order is delivered to the Customer in a timely manner. In any case, timely means that the Order is delivered to the Client within 1 (one) hour.
For an Order containing alcoholic beverages or other Products with an age limit, the Coach Company is required to request valid identification as required by law. If a Customer cannot or will not provide identification, the Coach Company will not provide the Products to the Customer. Possible fines or other claims resulting from non-compliance with applicable laws and regulations regarding alcoholic beverages or other Products with an age limit will be the sole responsibility of the Coach Company.
The Coach Company provides a receipt (invoice) of what the Customer has ordered (digital or printed).
7. Establishment and cancellation of an Order.
The Agreement with a Customer is established once the Customer has clicked ‘Pay’ in the App and agreed to the terms and conditions of the Coach Company. This makes the Order final.
The Coach Company will then receive a notification that an Order has been placed.
The Customer shall pay the amount to the Coach Company as shown in the App. This amount is clearly visible including transaction fees. The payment options offered to the Customer are iDEAL, credit card, PayPal and on account. When the Customer orders on account, the Customer pays the amount in cash to the Touring Company.
How the delivery is carried out is at the expense of the Touring Company, never at the expense of My Bus Food.
The Coach Company has the right to cancel the Order if:
the Customer provided incorrect information;
due to an unforeseen circumstance: the Product is no longer available and an alternative is not accepted by the Customer;
there is force majeure;
The Touring Company will have any amounts already paid by the Customer refunded upon cancellation.
Possible cancellation costs incurred by the Touring Company consisting at least of the value of the Order may be passed on by the Touring Company to the Customer if the cancellation is caused by the provision of incorrect data by the Customer.
8. Customer Complaints
Only the Coach Company oversees incoming complaints from a Customer and is responsible for handling them. After a Customer submits a complaint via the App or contact form, it is visible to the Touring Company through the Dashboard. The Coach Company then responds to the complaint appropriately and timely and makes every effort to resolve the complaint satisfactorily.
9. Liability My Bus Food and indemnities.
My Bus Food only accepts liability for an attributable failure to perform the Agreement or any legal ground whatsoever, based on this article.
My Bus Food’s liability to the Coach Company is excluded for any indirect damages including, but not limited to, loss of goodwill, reputation damage, loss of profits, missed savings or loss of business contacts or contracts. In addition, any liability is excluded due to incorrect or inaccurate information provided about the Coach Company and/or the contents of the Products and (legal) requirements regarding ingredients, alcohol, food safety, allergens, etc. The Touring Company indemnifies My Bus Food against third-party claims or government sanctions in the event that the information provided is inaccurate and/or incomplete. Finally, My Bus Food is not liable for damages due to the Touring Company having acted in violation of these Touring Company Terms and Conditions or other terms and conditions of My Bus Food or due to (temporary) inaccessibility of My Bus Food Dashboard or the App caused by inexpert use of the Touring Company.
Should My Bus Food for any reason be held liable for the damages incurred as included in this article, the amount to be paid by My Bus Food shall be limited to compensation of the damages up to the amount of the price agreed for that Agreement (excluding VAT and other government-imposed taxes) per event. If there is an Agreement that is primarily a continuing performance agreement with a term of more than 1 (one) year, the compensation for damages shall be limited to a maximum of the amount of the price agreed for that Agreement for 1 (one) year (excluding VAT and other government-imposed taxes) per occurrence. The total liability shall never exceed the amount paid by the insurer, if any, per occurrence. Multiple events that can be traced back to the occurring event are considered one event.
A condition for the emergence of any right to compensation for damages is always that the Touring Company puts My Bus Food into default in writing without delay, offers My Bus Food a reasonable period to remedy the defect and My Bus Food remains in default even after that period. The notice of default should include as accurate a description as possible of the shortcoming so that My Bus Food can respond adequately.
Any limitation or exclusion of liability contained in the Agreement does not apply if and to the extent that the damage is the result of intentional or deliberate recklessness on the part of My Bus Food’s management/management.
The Touring Company fully indemnifies My Bus Food for any claims by third parties due to the use of the App of My Bus Food and all possible (consequential) damages resulting therefrom when taking care of an Order, such as delivery, payment and third parties engaged by the Touring Company.
The Touring Car Company fully indemnifies My Bus Food against any claims by third parties due to the Touring Car Company not (fully) fulfilling its obligations under the Agreement or acting contrary to these Touring Car Company Conditions or other conditions of My Bus Food.
Any right to liability lapses if the Touring Company has not notified My Bus Food in writing, specified in detail, within 9 (nine) months after the Touring Company became aware of the damage or could reasonably have become aware of it.
My Bus Food receives payments for orders placed by customers with the Coach Company through the payment services offered available on the App. The total amount of the customers’ orders, less the agreed fees to My Bus Food and any (transaction) costs, will be remitted by My Bus Food to the Touring Company where the order was placed at the beginning of each month.
At the beginning of each month, the Coach Company automatically receives a total overview with a product specifications and orders made via an itemized invoice.
11. Liability Coach Company.
The Coach Company shall ensure that it is adequately insured as required by law and deemed necessary according to the industry. Upon request, My Bus Food can obtain the insurance policy from the Coach Company.
The Touring Car Company shall reimburse My Bus Food for all damages resulting from expenses incurred by My Bus Food due to the Touring Car Company’s failure to (fully) comply with its obligations under the Agreement or to act in violation of these Touring Car Company Terms and Conditions or other terms and conditions of My Bus Food.
The Touring Company shall compensate My Bus Food for all damages resulting from third party claims arising from the relationship between the Touring Company and My Bus Food or because of any infringements of the intellectual property rights of that third party.
12. Limitation, suspension and termination of Agreement.
Should a Touring Company default on its obligations under the Agreement or violate these Touring Company Terms and Conditions or other terms of My Bus Food, My Bus Food has the right to limit, suspend or terminate My Bus Food’s Services under the Agreement. Before My Bus Food proceeds to terminate My Bus Food’s Services, it shall first give the Touring Company notice of default and a reasonable period of time to remedy the defect when (still) possible. If this is not (or no longer) possible or necessary according to the law, then the Touring Car Company is automatically in default without then requiring a reminder or notice of default. My Bus Food will notify and explain the Touring Company of this decision in writing.
The possible costs arising from the limitation, suspension or termination of My Bus Food’s Services shall be borne entirely by the Coach Company. In the event of suspension or limitation, the Coach Company shall remain bound to fulfill its payment obligation to My Bus Food.
If My Bus Food’s Services are restricted, suspended or terminated by My Bus Food as set forth above in paragraphs 1 and 2, My Bus Food may (temporarily) remove the Coach Company’s information on the App and (temporarily) block access to the My Bus Food Dashboard.
For the measures taken in paragraphs 1 to 3, My Bus Food is never liable to the Touring Company for damages.
Both My Bus Food and the Touring Company may terminate the Agreement in writing upon 1 (one) month’s notice prior to the date the Agreement would terminate.
Cancellation or early termination of the Agreement is not possible.
The Touring Company and My Bus Food shall have the right to rescind the Agreement due to an attributable failure in the performance of the Agreement, on the condition that the one party shall promptly give written notice of default to the defaulting party, give the defaulting party a reasonable period of time to remedy the default, and the defaulting party shall continue to default in the performance of its obligations under the Agreement even after such period.
My Bus Food may immediately terminate the Agreement with the Touring Company at any time, without judicial intervention or notice of default, if the Touring Company:
is declared bankrupt, applies for a provisional suspension of payments, has its assets seized in full, is placed under guardianship or otherwise loses the power of disposition and/or legal capacity with respect to its assets or parts thereof, or is dissolved.
My Bus Food and the Coach Company process personal data. The manner in which My Bus Food processes personal data of a Customer is set forth in the Privacy Statement. The Coach Company shall act towards the Customer in accordance with the relevant Privacy Statement.
My Bus Food also stores personal data from Coach Companies for the duration of the Agreement in the context of its service to the Coach Company. My Bus Food further refers to its Privacy Statement for the manner of processing.
The Coach Company has access to certain information about the Order and the Customer through the My Bus Food Dashboard. The Coach Company is obliged, in accordance with the General Data Protection Regulation (AVG), not to keep such data longer than necessary.
My Bus Food and the Coach Company are each separately data controllers for the processing of personal data.
The Coach Company shall ensure that it handles the Customer’s personal data with care in the context of the AVG.
In the unlikely event that, despite the precautions taken by the Coach Company, a data breach occurs, it shall immediately notify My Bus Food and inform the Customer to whom the data breach relates. The Coach Company will keep My Bus Food informed of the process of the data breach that occurred.
My Bus Food is in no way responsible for any damages resulting from the data breach at the Coach Company.
Both My Bus Food and the Touring Company undertake to keep confidential all information received from the other party that is known or should reasonably be known to be confidential and shall take the necessary measures for this purpose. Information is confidential in any case if it is designated as such by one of the parties. The Coach Company expressly ensures that its employees and third parties it engages also treat the information confidentially.
The Coach Company acknowledges that by or through the My Bus Food Dashboard and App provided by My Bus Food are always confidential in nature and contain My Bus Food trade secrets.
The duty to keep confidential information confidential does not apply when the receiving party receives a request for release from the competent authorities as part of a judicial investigation or proceeding. The receiving party must inform the providing party of the request prior to the issuance and give the providing party an opportunity to object to the particular issuance.
15. Force Majeure
In the event of force majeure, neither My Bus Food nor the Touring Company are bound to fulfill their obligations. The party claiming force majeure must notify the other party as soon as possible. During the period of force majeure, the parties’ obligations shall be suspended in whole or in part, without the parties owing each other any compensation.
Force majeure includes circumstances beyond one’s control, such as power outages, Internet failures, telecommunications infrastructure failures, network attacks (including (d)dos attacks), attacks of malware or other malicious software, domestic disturbances, natural disasters, terror, mobilization, war, import and export barriers, strikes, supply stagnation, fire, floods, epidemic and pandemic.
If a force majeure situation has lasted longer than 60 days, the parties have the right to immediately terminate the Agreement in writing.
To the extent that when force majeure occurs, part has been fulfilled and that part has an independent value, My Bus Food is entitled to invoice that part separately to the Touring Company. The Coach Company must pay this invoice as if it were an independent contract.
16. Intellectual Property
The Coach Company is not allowed to use My Bus Food’s intellectual property rights in any way without My Bus Food’s express permission.
My Bus Food has the non-exclusive and non-transferable right to use – when applicable – the Coach Company’s image and/or word mark for the purposes of the App for as long as the Coach Company purchases the Services from My Bus Food.
17. Applicable law
The Agreements between My Bus Food and the Touring Company are exclusively governed by Dutch law. Applicability of the Vienna Sales Convention is excluded.
The parties shall not resort to court until after they have made every effort to settle a dispute by mutual agreement.
Any disputes that may arise between My Bus Food and the Touring Company as a result of a concluded Agreement will be submitted to the competent Court in Limburg.
The Dutch text of the Terms and Conditions of Coach Companies shall always be decisive for the interpretation thereof.
18. Amendment of Conditions of Coach Companies.
My Bus Food may change its terms and conditions from time to time. It shall notify the Coach Companies in a timely manner and then publish the latest version on the My Bus Food website.