Caterizi

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Client Terms of Service

PUBLIC OFFER FOR USING THE CATERIZI MARKETPLACE

Publication Date: 02.06.2025 Effective Date: 02.06.2025

1. General Provisions

1.1. This public offer (hereinafter – the “Offer”) is the official proposal of the sole proprietor (autónomo) NATALIA BABKINA, NIE Y5479825C, registered at: Calle Periodista Gabriel Diaz 3, P.B.I 8, Torremolinos, Malaga, España, 29620, operating under the trade name “Caterizi” (hereinafter – the “Platform”), to conclude an agreement under the conditions set forth below. The Offer is addressed to capable natural persons who have reached the age of 18, as well as duly authorized representatives of legal entities (hereinafter – the “Customer” or the “Client”) who wish to use the services of the Platform to order catering and related services within the territory of Spain. If the Customer disagrees with any provision of the Offer, the Customer must refrain from accepting it and from using the Platform.

1.2. The acceptance of this Offer shall be deemed to have occurred when the Customer performs the following actions: (a) reviews the text of the Offer and expresses agreement with its terms by checking the corresponding box on the Platform’s website when placing an order, and (b) makes a preliminary payment (deposit) for the order through the Platform interface. The moment of acceptance shall be the date and time of successful deposit payment. Acceptance of the Offer implies the full and unconditional acceptance by the Customer of all terms of the agreement and is equivalent to entering into a bilateral written contract in accordance with the legislation of the Kingdom of Spain.

1.3. From the moment of acceptance of the Offer, the agreement between the Customer and the Platform is considered concluded. The agreement remains valid until the full performance of obligations by both parties. For each order of catering or related services placed through the Platform, a separate agreement is deemed to be concluded under the terms of this Offer, effective from the moment of acceptance until the fulfillment of obligations by all parties (including the provision of services by the selected supplier and final settlement of accounts).

1.4. The Platform reserves the right to amend the terms of the Offer and/or to withdraw the Offer unilaterally. Amendments to the Offer shall become effective from the moment they are published on the Platform’s website unless otherwise specified. The Customer undertakes to independently monitor the current version of the Offer. In case of changes after acceptance, the version of the Offer in effect at the moment of acceptance shall apply to the concluded agreement, if such changes worsen the Customer’s position or contradict their legitimate expectations. Continued use of the Platform after publication of a new version of the Offer is considered consent to its terms.

1.5. This Offer, as well as the relations of the parties arising from acceptance of the Offer, shall be governed by the legislation of the Kingdom of Spain and the applicable norms of the legislation of the European Union. Nothing in this Offer shall limit the inalienable rights of the consumer granted by law.

2. Terms and Definitions

In this Offer, the following terms shall mean:

Platform – the online marketplace “Caterizi”, managed by the sole proprietor NATALIA BABKINA (as specified in clause 1.1), intended for searching, selecting, and ordering catering services, bar services, furniture rental, dishware and other related services for events. The Platform includes the website, mobile application (if available), and related customer support services and other functional tools provided by the Operator (entrepreneur) to Customers and service providers.

Customer (Client) – a legally capable natural person over the age of 18 or a legal entity (through an authorized representative), who has accepted this Offer and uses the Platform to order catering and related services.

Service Provider (Service Contractor, Supplier) – a third-party organization or individual entrepreneur providing catering services, food and beverage preparation and serving, bar services, furniture rental, dishware, decoration and other event-related services ordered by the Customer through the Platform. Each such Service Provider acts as an independent party, not being an employee or agent of the Platform, but having undergone the Platform’s selection and accreditation for working with Customers.

Order – a request by the Customer for certain catering and/or related services (e.g. bar services, rental of equipment, furniture, dishware, etc.) made using the Platform. The Order includes essential terms of the services: event description, date, time, venue, number of guests, selected menu or service format, list of additional services, price, etc. Placing an Order via the Platform results in a service agreement between the Customer and the selected Service Provider under the agreed terms, and determines the obligations of the parties regarding deposit payment and return as defined in Sections 5 and 6 of this Offer.

Deposit (advance payment) – a preliminary payment in the amount of 30% of the total value of the ordered services, made by the Customer via the Platform at the time of placing the Order. The Deposit is intended to reserve the date and cover the preliminary costs of the Service Provider. The terms for allocation and return of the Deposit upon cancellation are described in Section 6 of this Offer.

Main payment – the remaining amount of the service fee (70% of the total Order price), which the Customer pays directly to the Service Provider in accordance with the procedures and deadlines established in this Offer and agreed with the Provider (or pays via the Platform in full, depending on the selected payment method).

Platform Services – a set of informational intermediary services provided by the Platform to the Customer on a paid basis, including access to the marketplace for selecting Service Providers, organization of interaction between the Customer and the selected Provider, technical functionality for online booking and deposit payment, consulting support, and other related actions aimed at the proper formation and execution of the Order.

3. Subject of the Agreement

3.1. The Platform undertakes to provide the Customer with intermediary information services for organizing catering and related service orders through the Caterizi marketplace, and the Customer undertakes to comply with the terms of this Offer and to pay for the services they have ordered in the established manner. Upon the Customer’s request, the Platform ensures the search, selection, and introduction of the Customer to Service Providers for conducting the agreed event(s) within Spain, and coordinates the interaction between the Customer and the selected Provider. The Platform may assist in agreeing on the service terms, including communicating the Customer’s special requirements to the Provider, organizing preliminary consultations or tastings (if applicable), and other organizational services related to event preparation.

3.2. Service territory. Services offered via the Platform are available exclusively for events held within the territory of the Kingdom of Spain. The Platform operates in accordance with the laws of Spain and is oriented toward serving Customers and offering Providers within the country. The Customer confirms that they place orders for services to be rendered only within Spain.

3.3. Age restrictions. The Platform is not intended for individuals under 18 years of age. By placing an Order and accepting this Offer, the Customer guarantees that they are at least 18 years old and possess full legal capacity to undertake obligations under the contract. The Platform bears no responsibility for the accuracy of the Customer’s provided age data; if it is discovered that the acceptance was made by a person under 18, the Platform may cancel the order and deny further service to such person.

3.4. Partner selection. The Platform seeks to ensure a high level of service: in each region (city) of Spain, it cooperates with leading suppliers of event equipment and inventory (e.g. furniture, dishware, textiles), which expands the capabilities of catering Service Providers and simplifies the organization process for the Customer. All such additional suppliers undergo thorough selection by the Platform. When needed, as part of fulfilling an Order, the Platform coordinates the provision of rented items and services by third-party partners, integrating them into the general catering service process. The Customer understands and agrees that such additional services are also provided by independent third parties, and the Platform’s role is limited to selecting reliable partners and coordinating their interaction with the catering Provider and the Customer.

3.5. Legal force and electronic interaction. This Offer has the legal status of a public offer agreement in accordance with Spanish law. By accepting the Offer electronically, the Customer agrees to receive documents, notifications, and messages related to the execution of the agreement in electronic form (through the Platform interface, by email, or by another method indicated by the Platform). Electronic correspondence and notifications from the parties are recognized as an appropriate means of communication and may be used as evidence in dispute resolution.

4. Procedure for Concluding the Agreement and Placing an Order

4.1. Registration and Order Placement. To use the Platform, the Customer may register on the website or in the application (create an account) or place a one-time order without registration by providing the necessary contact information. The Customer undertakes to provide accurate data about themselves (name, contact phone number, email address, etc.) during registration or order placement. In case of any changes to this data, the Customer must promptly update the information in their profile or notify the Platform and the Service Provider. The Platform is not responsible for any negative consequences arising from the Customer’s provision of incorrect or outdated data.

4.2. Service Selection and Price Calculation. The Customer independently selects the desired services (catering, type of cuisine or menu, service format, additional options such as furniture/tableware rental, bartender, etc.) using the Platform interface, specifies the event parameters (date, time, location, number of guests, preferences), and based on this data, the Platform provides a list of available Service Providers with a description of offers and preliminary prices. The Customer has the opportunity to review the profile of the selected Service Provider (including company or executor information, client reviews, sample menu, service conditions). The final cost of the order is formed by the selected Service Provider and displayed to the Customer before order confirmation and deposit payment. The indicated price includes all agreed catering services and additional options; the Platform does not charge any hidden fees beyond the stated prices (see also clause 11.4 regarding the prohibition of hidden terms).

4.3. Conclusion of the Agreement with the Service Provider. After selecting a specific offer and entering the required order data, the Customer confirms the order and pays the deposit via the Platform (see Section 5 for details on payment procedure). From the moment of order confirmation and deposit payment, a separate agreement is deemed concluded between the Customer and the selected Service Provider for the provision of the ordered services under the terms described in the Provider’s offer and agreed upon during Order placement (including menu description, number of staff, working hours, list of additional equipment, etc.). In this process, the Platform acts as an intermediary facilitating the conclusion of the said agreement, but is not a party to it. The rights and obligations regarding the provision of catering services arise directly between the Service Provider and the Customer. This Offer governs the relationship between the Customer and the Platform (Operator) regarding the use of the marketplace, deposit payment, coordination, and related matters.

4.4. Order Confirmation and Information. After placing the order, the Platform sends the Customer an electronic confirmation (on the website screen, via email and/or in their personal account) with the order details: unique order number, name of the selected Service Provider, event date and time, deposit amount paid, remaining payment amount, cancellation conditions, and other essential details. The Service Provider also receives a notification about the confirmed order and the Customer’s contact details necessary for preparation and service provision. The Customer undertakes to check the received confirmation and, if any discrepancies are found, immediately contact the Platform for clarification.

4.5. Changing Order Conditions. If, after order confirmation, the Customer needs to change the conditions (for example, number of guests, event address, service volume), they must inform the Platform and the Service Provider as soon as possible. The possibility and conditions for making changes (including possible changes in cost) are determined by the Service Provider in agreement with the Customer. Changes to the order, confirmed by both parties (Customer and Service Provider) through the Platform (or in writing), are considered part of the original agreement between them. The Platform assists in recording such changes via the website functionality or email. In the case of significant changes to the order, the Service Provider has the right to request an additional deposit or modify the terms of the remaining payment – such changes are agreed upon with the Customer separately.

5. Payment Procedure

5.1. Deposit (30% Prepayment via the Platform). Upon order confirmation, the Customer undertakes to pay a deposit in the amount of 30% of the total cost of the services. The deposit payment is made via the Platform using available online payment methods (bank card, electronic payment systems, etc.). The deposit is intended to reserve the Provider's services for the selected date and to cover the Provider’s initial costs (product procurement, event preparation, and other organizational expenses). The deposit funds paid by the Customer are temporarily reserved by the Platform and/or transferred to the Service Provider in accordance with the arrangements between the Platform and the Provider. The fact of successful deposit payment is confirmed by a Platform notification (see clause 4.4).

5.2. Structure of the Deposit and Non-Refundable Expenses. The Customer acknowledges and agrees that the deposit amount (30% of the order value) consists of two parts: (a) a non-refundable part equal to 15% of the total order value, intended to cover the actual initial expenses of the Service Provider (preparatory work, administrative costs, date reservation, etc.), and (b) a conditionally refundable part equal to the remaining 15% of the order value, which may be returned to the Customer in case of order cancellation under the terms specified in Section 6 of this Offer. The non-refundable part of the deposit is retained by the Service Provider in all cases of order cancellation initiated by the Customer to compensate for incurred efforts and expenses, except in cases when the cancellation occurred due to the Provider’s fault or force majeure circumstances (see Sections 6 and 10).

5.3. Remaining Payment (70%). The remaining 70% of the service cost (hereinafter – “main payment”) is paid by the Customer directly to the Service Provider, unless otherwise specified by the selected payment method. The method and timing of the remaining payment are agreed upon between the Customer and the Service Provider. As a rule, the main payment is made on the day of the event in cash, by bank transfer to the Provider’s account, or using other payment methods accepted by the Provider, immediately upon service delivery or under other conditions agreed with the Provider (e.g., advance payment of the remaining amount a few days before the event). The Customer is responsible for timely and full payment of the remaining 70% directly to the Service Provider. Failure to fulfill this obligation is considered a material breach of the order conditions. In case of delay or refusal by the Customer to pay the main amount, the Provider has the right to refuse to render services; such refusal is treated as order cancellation by the Customer at the last moment (less than 2 weeks before the event), and the consequences are determined in accordance with clause 6.2 (the deposit is not refunded).

5.4. Full Payment via the Platform (100% Prepayment Option). At the Customer’s request, the Platform may provide the option to pay 100% of the order value in advance via the Platform (in a single payment). If this option is chosen, the Customer pays the full service fee to the Platform’s account, which acts as an authorized intermediary for payment reception. The Platform retains the deposit amount (30%) to reserve the order, and the remaining 70% is transferred to the Service Provider within the agreed terms – as a rule, after the services are rendered or upon the event date, except in case of cancellation (see Section 6). When paying the full amount in advance via the Platform, the Customer’s obligations to pay the Provider are considered fulfilled at the moment of transferring 100% of the amount to the Platform; thereafter, the Platform independently settles payments with the Provider. All rules regarding deposit and payment refunds in case of order cancellation or changes apply equally to both deposit-only and full-payment cases (see clause 6.3 on refunds in full prepayment cases).

5.5. Payment Security and Authorization. All payments made via the Platform are processed in compliance with the requirements of payment systems’ security standards. The Platform does not store bank card data on its servers, but uses certified third-party payment gateways. When making a payment, the Customer must ensure that they use their own payment means or are duly authorized to use them. The Platform is not responsible for possible bank or payment provider fees related to the money transfer (e.g., currency conversion fees, if applicable).

5.6. Payment Confirmation. Upon the Customer’s request, the Platform and/or the Service Provider shall provide documents confirming the payment: an electronic receipt, payment slip, or invoice (factura) in the format established in Spain. If the invoice is to be issued to a legal entity, the Customer must provide the company details before payment so the Provider can issue the corresponding factura.

6. Terms of Order Cancellation and Refunds

6.1. Order Cancellation by the Customer. The Customer has the right to cancel a confirmed order by notifying the Platform in writing (via the cancellation functionality on the website, by email to the official support address, or in another explicitly provided way), and also notifying the Service Provider directly. The cancellation date is considered the date on which the Customer initiated the cancellation procedure through the Platform or when the written cancellation notice was received by the Platform and the Provider. The consequences of cancellation by the Customer depend on how much time remains before the planned event date and are determined as follows:

6.1.1. Cancellation no later than 30 calendar days before the event date: In case of timely cancellation (30 days or more), the Service Provider refunds 15% of the total order value to the Customer. This means that half of the previously paid deposit is returned to the Customer, and the remaining 15% (the other half of the deposit) is retained by the Provider as compensation for their initial expenses and lost opportunities. If the Customer paid only the deposit, an amount equivalent to 15% of the order value is returned. If the Customer made a full 100% prepayment through the Platform, 85% of the total order value is returned to the Customer (which corresponds to the refundable 15% part of the deposit + 70% main payment), while 15% is retained by the Provider as non-refundable expenses. The refund is processed by the Platform (after receiving confirmation from the Provider about retention of the 15%) to the same card or account used for payment, or another agreed method, within 14 working days from cancellation confirmation.

6.1.2. Cancellation less than 30 but no later than 14 calendar days before the event date: If the order is canceled between 29 and 14 days (inclusive) before the event date, the refund terms of the deposit are the same as in clause 6.1.1. The Customer receives back 15% of the order value (half of the deposit), and the remaining 15% is retained by the Provider as non-refundable expenses. Thus, for cancellations made 2–4 weeks prior to the event, the Customer is liable for 15% of the order value (loses half of the deposit), and the other half is refunded. The remaining amount (70%), if it was prepaid through the Platform, is returned to the Customer in full. If the main payment has not yet been made (usually paid on the event day), the obligation to pay it ceases upon cancellation, and no further payment is required from the Customer.

6.1.3. Cancellation less than 14 calendar days before the event date: If the Customer cancels the order less than 14 days before the scheduled service date (i.e., within the two weeks before the event, including the event day), the advance payment of 30% of the order value (full deposit) is non-refundable. The Provider is entitled to retain the entire deposit as compensation for incurred expenses and possible losses due to such late cancellation (e.g., purchased products, reserved staff time, etc.). Thus, for cancellations in the last 14 days before the event, the Customer forfeits both the non-refundable part of the deposit (15%) and the conditionally refundable part (15%). If the Customer had made full 100% payment through the Platform, the Platform is obliged to refund only the remaining 70% of the order amount (main payment), since the services were not rendered, but 30% of the paid amount is considered a non-refundable deposit and remains with the Provider. If the main payment had not yet been made (for example, if it was to be paid on the event day), the Customer is released from this obligation, but the previously paid deposit is not refundable.

6.2. Cancellation (Refusal) by the Service Provider. In exceptional cases, the Service Provider may cancel a confirmed order (e.g., due to impossibility of performance – illness of key personnel, closure of the establishment, extraordinary circumstances, etc.). The Provider must immediately notify the Platform and the Customer about the need for cancellation. In the event of order cancellation at the initiative or fault of the Service Provider, the following rules apply:

6.2.1. Refund of the deposit to the Customer: The Customer has the right to a full refund of the previously paid deposit in the amount of 30% of the order value. The Platform will process the return of 100% of the deposit to the Customer (excluding amounts already refunded earlier, if partial refunds were made by agreement). The refund shall be processed as soon as possible (usually within 7 working days from the cancellation) to the payment method used by the Customer. If the Customer paid the full 100% through the Platform, then 100% of the paid amount shall be refunded since services were not rendered.

6.2.2. Search for a substitute (alternative provider): The Platform shall make every reasonable effort to find an alternative Service Provider to replace the one who canceled. If possible, one or more substitute options will be offered to the Customer – other catering companies or contractors capable of providing similar services (similar menu, format, and quality) for the same date and time. The Platform aims to preserve the original order conditions (budget, menu) when selecting a replacement. The Customer has the right to accept the proposed new Provider or to refuse. If the Customer agrees, the deposit and paid funds may, by agreement, be redirected to the new Provider’s services (documented or fixed via the Platform), and the service agreement is considered transferred to the new Provider under the same or mutually agreed terms. If the Customer refuses the proposed replacement or no replacement is found, the order is considered canceled, and the relationship with the original Provider is completely terminated under clause 6.2.1 regarding refunds.

6.2.3. Additional compensation: The Platform is not obliged to pay any additional compensation to the Customer beyond the refund of paid amounts in case of Provider cancellation, but the Platform may assist the Customer in minimizing the consequences (e.g., by helping find a rapid alternative). A Service Provider who canceled without sufficient grounds may be held liable to the Customer in accordance with general legal rules (damages), which is beyond the scope of this Offer and should be resolved directly between the Customer and the Provider or in court.

6.3. Refund Procedure. In all cases of cancellation where a full or partial refund is due to the Customer, the refund is processed via the Platform using the same method used for payment (if technically possible), or by another method agreed with the Customer. Refund deadlines: up to 14 working days from the confirmation of the right to a refund (unless otherwise stated above for specific cases). The Platform is not responsible for any additional delay in credited funds caused by banks or payment systems. Payment provider refund fees (if applicable) are borne by the party canceling the contract (thus, in case of cancellation by the Customer, fees are deducted from the refund amount; if canceled by the Provider – from the Provider’s funds). The Platform provides the Customer with a report or notification of the refund upon request.

6.4. Changing the Event Date. A date change initiated by the Customer is considered as cancellation of the original order and placement of a new one, unless the Service Provider agrees to retain the deposit for the new date. The Customer must notify about the date change as early as possible (preferably at least 30 days in advance). The Provider may either: (a) reschedule the service for the new agreed date, retaining the paid deposit for the future order (in which case no cancellation occurs, and the deposit is not refunded but tied to the new date); or (b) consider the change impossible and treat the request as a Customer cancellation, applying the deposit refund terms under clause 6.1. If the change is initiated by the Provider (e.g., due to force majeure, see Section 10), the Platform facilitates the transfer without loss of the deposit for the Customer, or the rules of clause 6.2 apply.

6.5. Partial Cancellation of Services. If the Customer cancels part of the ordered services (e.g., cancels furniture rental but keeps catering) or reduces the volume (e.g., lowers guest count), the refund of the price difference is subject to agreement with the Service Provider. Typically, the Provider is entitled to retain the portion of the deposit proportional to the canceled services’ value, especially if the cancellation occurred less than 2 weeks before the event. The Platform, upon receiving a mutually agreed decision from the Provider, recalculates the payments and, if necessary, issues a refund of the overpaid amount to the Customer.

7. Rights and Obligations of the Parties

7.1. Obligations of the Platform (Operator)

7.1.1. Providing access to the service: The Platform undertakes to provide the Customer with access to the Caterizi marketplace functionality for placing orders, as well as to ensure the uninterrupted operation of the website/application within its technical capabilities. The Platform takes reasonable measures to ensure the security and confidentiality of the service.

7.1.2. Information support: The Platform provides the Customer with up-to-date information about available Service Providers, their offers, prices, ratings, and reviews. In case of Customer inquiries regarding service selection or Platform operation, the Platform provides consulting support through available channels (email, chat, hotline).

7.1.3. Transmitting information to the Provider: After order confirmation, the Platform transmits the necessary information about the order and the Customer to the respective Service Provider (to the extent required for proper execution: for example, Customer’s name and contacts, event address and details, selected services). Data transmission is carried out in accordance with the privacy policy and solely for the purpose of executing the agreement (see Section 9 on personal data).

7.1.4. Order coordination: The Platform coordinates between the Customer and the Provider regarding issues related to order execution. In particular, the Platform may act as an intermediary in forwarding messages, clarifications, or changes to the order, and assist in resolving organizational matters.

7.1.5. Financial settlements: The Platform is responsible for accepting the deposit and, in case of full payment via the Platform, for proper retention and transfer of funds to the Service Provider in accordance with this Offer and the agreements with the Provider. The Platform keeps records of payments made, refunds, and provides the Customer with information about transactions upon request.

7.1.6. Support in dispute situations: In case of disputes or disagreements between the Customer and the Provider regarding the quality or volume of the services rendered, the Platform may act as a mediator upon request to resolve the dispute pre-trial – for example, by forwarding the Customer's claim to the Provider, facilitating communication, or proposing a compromise. However, the Platform does not guarantee resolution in favor of any party and does not replace official dispute resolution procedures (see clause 11.3 on limitation of liability).

7.2. Rights of the Platform

7.2.1. Information verification: The Platform has the right to verify the information provided by the Customer during registration or order placement (including contact details), requesting supporting documents if necessary, to prevent fraud or misuse of the service.

7.2.2. Refusal of service: The Platform may refuse the Customer in placing or fulfilling an order in the following cases: violation of the Offer’s terms or laws by the Customer; provision of deliberately false or inaccurate information; attempts to harm the Platform’s operation; incompatibility of the requested services with technical or organizational capabilities (e.g., ordering at an unacceptable time/place). In such cases, if the deposit was already paid, the Platform shall refund the Customer, minus actual expenses incurred by the Provider (no more than 15% of the order value, if applicable).

7.2.3. Content moderation: The Platform has the right to moderate and delete content posted by the Customer on the website (including reviews, comments, messages) if it violates the terms of clause 8.4 (prohibition of defamation, insults, and false information) or legal, moral, or ethical standards. The Platform may also temporarily block or delete the account of a Customer who systematically violates the Offer or abuses the service, with prior notice by email (or without notice in case of serious violations).

7.2.4. Functionality changes: The Platform has the right to unilaterally improve, expand, reduce, or change the functionality of the marketplace, notifying Customers via website publication. These changes do not require the Customer’s consent if they do not worsen already placed orders.

7.2.5. Engagement of third parties: The Platform may engage third parties to fulfill its obligations under the agreement (e.g., payment agents for payment processing, logistics or equipment rental partners). In doing so, the Platform is responsible for ensuring such parties maintain confidentiality of personal data and other obligations accepted under this Offer.

7.3. Obligations of the Customer

7.3.1. Providing accurate information: The Customer is obliged to provide accurate and complete information necessary for order processing and fulfillment (contact details, event requirements, specific preferences or restrictions related to the services, etc.). The Customer is responsible for consequences arising from incorrect or misleading information, including event failure or non-performance of services, and associated expenses.

7.3.2. Payment for services: The Customer undertakes to timely and fully pay for the ordered services in accordance with Section 5 of this Offer. This includes payment of the deposit via the Platform and the remaining amount directly to the Provider (or 100% via the Platform, if such method is selected). Failure to fulfill this obligation entitles the Provider to withhold or suspend services and leads to cancellation terms being applied (Section 6).

7.3.3. Interaction with the Provider: The Customer must maintain communication with the selected Service Provider to clarify all order execution details. After order confirmation, the Customer promptly responds to the Provider’s requests (e.g., regarding menu, access to venue, event schedule). If permits or approvals are required for the event (e.g., venue authorization, alcohol license – if applicable), the Customer is responsible for obtaining such permits independently or with the Provider’s help, depending on the service.

7.3.4. Creating appropriate conditions: The Customer must ensure the necessary conditions for service provision at the agreed time and place. In particular, provide the Provider and its staff with access to the venue, ensure availability of utilities (electricity, water, kitchen or prep area if needed), and other conditions agreed upon when ordering. If the services include furniture/dishware rental through the Platform, the Customer must facilitate acceptance of such rented property and is responsible for its safekeeping during the event (or liable under a separate rental agreement, if applicable).

7.3.5. Compliance with laws and norms: The Customer must comply with legal requirements (including public order, sanitary standards, noise level restrictions, etc.) when using the Platform’s services and conducting the event. The Customer must also follow the Provider’s reasonable recommendations for safe and proper event execution. It is prohibited to use ordered services for illegal purposes (e.g., preparation or serving of banned substances).

7.3.6. Prohibition on bypassing the Platform: The Customer is prohibited from colluding with the Provider to bypass the Platform after being introduced by it. In particular, the Customer must not cancel a confirmed Platform order with the intent to then conclude a similar contract with the same Provider directly outside the Platform to avoid paying the deposit or fees. If such circumvention is detected, the Platform may deny further service to both the Customer and the Provider, and the deposit may be withheld in full as compensation for losses incurred by the Platform and the Provider.

7.3.7. Claims and feedback: If the Customer has justified claims regarding the quality or volume of services after delivery, they must notify the Provider immediately, preferably on the day of the event, and provide a detailed description within a reasonable time. It is also advisable to inform the Platform for possible assistance in dispute resolution. A reasonable claim (in content and tone) will be considered by the Provider and, if needed, by the Platform (as mediator) to try to resolve the situation.

7.3.8. Age confirmation: At the request of the Platform or the Provider, the Customer must confirm their legal age (provide a copy of an ID document, only when necessary – e.g., when ordering alcohol-related services or if doubts arise regarding previously provided data).

7.4. Obligations of the Service Provider (towards the Customer)

(Note: The provisions of this section are included in the Offer to inform the Customer of the third-party Service Provider’s obligations; direct contractual relations between the Customer and the Provider are governed by a separate agreement, but the following conditions reflect the Platform’s partner standards.)

7.4.1. Service quality: The Service Provider undertakes to deliver catering and related services of appropriate quality, in full according to the order, and in compliance with sanitary norms, industry standards, and agreements with the Customer. All food products must be fresh and suitable for consumption, prepared by qualified staff, and guest service must be polite and professional.

7.4.2. Compliance with the order: The Provider is obligated to deliver services strictly as confirmed by the Customer (menu, number of dishes/portions, type of service – buffet, banquet, etc., start/end times, list of additional equipment, etc.). Any changes must be agreed upon in advance with the Customer.

7.4.3. Punctuality: The Provider and its staff must arrive at the event venue on time, allowing for preparation (equipment setup, table service, on-site cooking). Service must begin and end within the agreed timeframes.

7.4.4. Equipment and inventory: If the service includes equipment, furniture, dishware, or other items (including via Platform-hired rental partners), the Provider must ensure delivery and quality of such items, and their compliance with descriptions. The Provider is responsible for organizing delivery and return of rented items, cooperating with rental partners.

7.4.5. Licenses and permits: The Provider guarantees to hold all licenses, permits, and certificates required for their activity (e.g., license for alcohol service, if needed; registration as a catering company; staff health cards, etc.). The Provider is responsible for compliance with applicable laws (tax, sanitary, labor, etc.) during service delivery.

7.4.6. Safety: The Provider must comply with safety measures in food preparation, service, and equipment use. In case of emergency (fire, injury, etc.) at the event, both Provider and Customer must act jointly to ensure guest safety. The Provider must have basic safety tools (e.g., fire extinguisher, first-aid kit – if applicable for on-site cooking).

7.4.7. Cancellation due to Provider’s fault: The Provider may not cancel the order except in cases of force majeure or other objective reasons that make performance impossible (confirmed with proper evidence). If canceled, the Provider must refund the full amount received (deposit) to the Customer and may be liable for damages under the law. The Platform may sanction the Provider who cancels unjustifiably (up to delisting as a partner). Refund and replacement provisions for Provider cancellation are outlined in clause 6.2.

8. Limitations and Liability of the Parties

8.1. Limitation of the Platform’s Liability

8.1.1. Intermediary role: The Customer acknowledges that the Platform is not the direct provider of catering services, bartending, equipment rental, or any other services ordered through the marketplace. The Platform acts solely as an informational intermediary (aggregator), connecting Customers with independent Service Providers. The service agreement is concluded directly between the Customer and the selected Service Provider (see clause 4.3). Therefore, the Platform is not liable for the quality, volume, timeliness, or other aspects of service provision by the Provider, except in cases explicitly provided by law or this Offer.

8.1.2. Exclusion of indirect damages: Under no circumstances shall the Platform be liable for any indirect, incidental, consequential, or derivative damages suffered by the Customer or third parties in connection with the use of the Platform or the provision (or non-provision) of services by the Provider. Such damages include, but are not limited to, lost profits, loss of business reputation, data loss, event disruption due to reasons beyond the Platform’s control, etc. The Platform’s direct property liability to the Customer is limited to the amount actually paid to the Platform as compensation, if such compensation was explicitly charged (e.g., service fee). As the Platform usually does not charge the Customer separately and receives commission from Providers, its liability is in any case limited to the deposit amount paid by the Customer for the disputed order. The maximum amount the Platform may pay to the Customer as damages or penalties shall not exceed 30% of the respective order value (i.e., the deposit amount), except in cases of willful misconduct by the Platform, harm to life or health, where liability limitation is not permitted by law.

8.1.3. No guarantees from the Platform: The Platform makes efforts to select reliable and professional Service Providers but does not independently guarantee the quality or fitness of services provided by Providers for the Customer’s specific purposes. The Platform does not guarantee absolute satisfaction of the Customer’s expectations regarding the Provider’s services. Quality evaluation is subjective; a service not meeting the Customer’s subjective expectations (if objectively rendered properly) does not justify claims against the Platform.

8.1.4. Failures and technical limitations: The Platform is not liable for service interruptions caused by technical failures, telecommunications network malfunctions, software errors, illegal third-party actions (e.g., hacking), or other circumstances beyond the Platform’s reasonable control. However, the Platform undertakes to take reasonable measures to restore service functionality as soon as possible. If a technical failure interfered with proper order placement or payment, the Platform shall either refund the Customer or ensure the order is reissued on the original terms (at the Customer’s choice).

8.1.5. Claims against the Provider: All claims related to the actual service provision (food quality, staff behavior, damage to venue property, sanitary violations, etc.) must be addressed by the Customer directly to the relevant Service Provider. The Platform may assist in transmitting and resolving such claims (see clause 7.1.6) but is not independently liable for satisfying these claims. The Provider’s obligations to the Customer are governed by their agreement and applicable Spanish consumer protection law.

8.1.6. Liability for rental partners: When the Platform engages partners to provide additional services (furniture, equipment rental, etc., see clause 3.4), such partners also bear independent liability for performance toward the Customer and/or Provider. The Platform is not responsible for defects or delays in providing rented items but will assist the Customer and Provider in resolving such issues (including replacing items or finding an alternative rental supplier, if needed).

8.2. Customer Liability

8.2.1. Non-compliance with obligations: The Customer is liable for any damages caused to the Platform or the Service Provider due to the Customer’s breach of their obligations under this Offer or the agreement with the Provider. In particular, the Customer may be required to compensate the Platform for actual damages and lost profit in cases such as: providing knowingly false information, unjustified refusal to pay for provided services, damage to the Provider’s property or rented property, infringement of the Platform’s intellectual property rights (see clause 10.1), or other unlawful actions. The amount of the Customer’s liability is determined in accordance with applicable law and may include full reimbursement of the injured party’s losses.

8.2.2. False orders and fraud: If the Customer places a deliberately false order (e.g., without intent to actually use the service or under a fictitious name), or makes a payment using unauthorized means (e.g., someone else’s card without permission), the Platform has the right to cancel such order, and the Customer is liable for all losses incurred by the Platform and/or Provider (including lost profit from reserved dates, preparation expenses, and payment system fees). The Platform reserves the right to report the Customer’s dishonest actions to law enforcement if they show signs of an offense.

8.2.3. Responsibility for reviews and information: The Customer is responsible for the accuracy and legality of information they post on the Platform in the form of reviews about Providers or other comments. It is prohibited to publish knowingly false information that damages the honor, dignity, or business reputation of the Provider, the Platform, or third parties. Also prohibited are insults, threats, extremist or illegal materials. If these requirements are violated (see clause 8.4 for details), the Customer may be held liable under the law (including for defamation), and the Platform has the right to delete such content and take actions specified in clause 7.2.3.

8.2.4. Confidentiality and personal data: If, during interaction via the Platform, the Customer gains access to personal data of Provider representatives or other clients (e.g., manager’s phone number, employee names), the Customer agrees to use this data solely for the purpose of executing this agreement (e.g., for coordinating the event), and not to disclose or share it with third parties without the data subject’s consent. Breach of personal data confidentiality entails liability under Section 9 and data protection laws.

8.3. Service Provider Liability Toward the Customer

8.3.1. The Service Provider bears full responsibility to the Customer for the proper performance of their service obligations. The scope of the Provider’s liability is determined by the agreement with the Customer and applicable legal norms. As a rule, the Provider is liable for actual damages caused to the Customer due to non-performance or improper performance (e.g., reimbursement for spoiled food, damage to Customer property caused by staff), and may also be liable for lost profit in cases provided by law or contract. The Platform does not determine the scope of such liability but may provide available information (e.g., correspondence) at the request of the dispute parties or authorities.

8.3.2. The Provider is released from liability for complete or partial non-performance if they prove that it was caused by the Customer’s actions or omissions or force majeure (see Section 10). For example, if the Customer failed to provide access to the venue or necessary information, or if the event was canceled/interrupted by authorities or for other reasons beyond the Provider’s control, the Provider is not liable for failed service.

8.3.3. In case of a justified claim from the Customer regarding service quality, the Provider must review it within a reasonable time. If the claim is confirmed, the Provider shall, by agreement with the Customer, provide a proportionate resolution: partial refund, future discount, re-preparation of a dish, or another option acceptable to both parties. The Platform may monitor fulfillment of this obligation to maintain service quality on the marketplace.

8.4. Prohibition of Defamation, Insults, and Unfair Reviews

8.4.1. The Customer and Service Provider (if the Provider has access to the review system) are strictly prohibited from posting on the Platform any materials that contain:

  • offensive language, rude vocabulary, threats, or incitement to hatred against the other party or third parties;
  • statements damaging the honor, dignity, or business reputation of the other party, without sufficient grounds (defamation);
  • knowingly false information about service delivery (e.g., falsely stating that a service was not delivered when it was, or vice versa);
  • unlawful calls for boycott or spreading negative information about the other party without objective reason.

8.4.2. The Platform reserves the right to delete or edit reviews and comments violating these requirements without warning, and to take measures against the violator (account blocking, legal action in case of reputational harm). However, the Platform strives to maintain objectivity: reviews expressing subjective opinions on service quality will not be deleted unless they exceed the bounds of acceptable criticism. Reviews must be based on real experience.

8.4.3. If either party (Customer or Provider) believes that a review or statement by the other party is defamatory or offensive, they may submit a justified complaint to the Platform. The Platform will review the complaint, take action if the violation is confirmed, and may advise the parties on formal legal remedies for protecting honor and dignity under the law.

9. Personal Data Processing and Confidentiality

9.1. General Provisions on Data Processing. By accepting this Offer, the Customer agrees to the processing of their personal data by the Platform and the Service Provider for the purposes of executing the agreement, providing services, communication, payment processing, and service quality monitoring. Data processing is carried out in accordance with the provisions of the General Data Protection Regulation (GDPR – Regulation (EU) 2016/679), Spanish Organic Law 3/2018 on Personal Data Protection and Guarantee of Digital Rights (LOPDGDD), and other applicable norms.

9.2. Types of Data Collected. The Platform and/or Service Provider may collect and process the following personal data of the Customer:

  • Full name;
  • Contact phone number;
  • Email address;
  • Delivery address or event location (if applicable);
  • Details of the placed order (menu, guest count, preferences);
  • Payment data (payment status, payment method, but not bank card or account numbers);
  • Feedback, ratings, and reviews;
  • Other data voluntarily provided by the Customer in the order, correspondence, or when using the Platform.

The Customer guarantees that all provided data is accurate and belongs to them personally. In case of acting on behalf of a legal entity, the Customer must have authority to provide the relevant contact data of the organization and its representatives.

9.3. Purposes of Processing. Personal data is collected and used strictly for the following purposes:

  • Identification of the Customer and execution of the agreement;
  • Transmission of data to the selected Service Provider to organize service delivery (see clause 7.1.3);
  • Ensuring communication and coordination of the event;
  • Processing of payments, refunds, and accounting reports;
  • Ensuring security and fraud prevention;
  • Improving Platform functionality and service quality, statistical analysis (on an anonymized basis);
  • Sending important service-related notifications (e.g., order confirmations, changes, cancellations);
  • Collecting and publishing Customer reviews (with the option to anonymize the name upon request).

9.4. Legal Basis and Consent. The legal basis for personal data processing is the Customer’s consent given upon acceptance of this Offer, as well as the necessity of processing for performance of a contract (Article 6(1)(a) and (b) of GDPR). The Customer may withdraw their consent at any time by sending a written request to the Platform’s support service. However, withdrawal of consent may result in the inability to continue using the Platform’s services, since data processing is necessary for order fulfillment.

9.5. Data Storage. Personal data is stored only as long as necessary to achieve the purposes for which it was collected or as required by applicable laws (e.g., accounting regulations). As a rule, basic Customer data is stored for no more than 5 years from the last interaction. After that, it is securely deleted or anonymized.

9.6. Data Transfer to Third Parties. The Platform transfers the Customer’s personal data only to those Service Providers selected by the Customer for service fulfillment. Additionally, data may be transferred to:

  • Payment processors (to process payments, issue invoices);
  • Technical service providers (e.g., hosting, email services);
  • Auditors, legal advisors, or tax authorities (if required by law);
  • In case of force majeure – to authorities or emergency services (if required for security).

In all such cases, the Platform ensures that data recipients comply with data protection standards and use the data only for the intended purpose.

9.7. Rights of the Data Subject. The Customer, as the data subject, has the following rights under GDPR:

  • The right to access their personal data;
  • The right to rectification (correction of inaccurate data);
  • The right to erasure (“right to be forgotten”);
  • The right to restriction of processing;
  • The right to data portability (upon request);
  • The right to object to processing (e.g., for direct marketing);
  • The right to lodge a complaint with the Spanish Data Protection Authority (AEPD) if the Customer believes their rights have been violated.

To exercise these rights, the Customer may contact the Platform via email at: privacy@caterizi.com (or another address listed on the website). A response will be provided within 30 calendar days, unless a different period is stipulated by law.

9.8. Confidentiality of Commercial and Technical Information. The parties agree to keep confidential any information obtained in the course of using the Platform that is not publicly available, including service conditions, pricing strategies, correspondence, payment terms, and other business or technical data. The obligation of confidentiality continues for 3 years after the last interaction, unless disclosure is required by law or agreed otherwise. Publication of such information by the Customer or Service Provider without consent may lead to legal liability.

10. Force Majeure and Insurance

10.1. Force Majeure Events. Neither the Platform, nor the Customer, nor the Service Provider shall be held liable for partial or full failure to perform obligations under this Offer and/or the service agreement if such failure was the result of force majeure circumstances, that is, extraordinary and unavoidable events beyond the control of the parties, including but not limited to:

  • Natural disasters (flood, fire, earthquake, storm);
  • Epidemics, pandemics, quarantine restrictions officially imposed by authorities;
  • War, military actions, acts of terrorism, civil unrest;
  • Official prohibitions or restrictions on public events imposed by authorities;
  • Technical catastrophes, blackouts, internet outages not attributable to the party;
  • Strikes, mass protests, labor conflicts affecting the possibility of fulfilling obligations.

10.2. Notification of Force Majeure. A party affected by force majeure is obligated to notify the other party and the Platform (if the Platform is not directly involved) in writing as soon as possible, indicating the nature of the event and providing official documentation or confirmation, if available (e.g., local government decree, emergency service statement). The party shall also inform of the expected duration of the force majeure and its impact on their ability to fulfill the agreement.

10.3. Consequences of Force Majeure. In case of confirmed force majeure:

  • The deadlines for fulfillment of obligations are extended proportionally to the duration of the force majeure;
  • If fulfillment becomes permanently impossible, the affected party is released from liability for non-performance, and the agreement is considered terminated due to impossibility of performance;
  • In the event of cancellation of the event due to force majeure, the parties (Customer and Provider) must negotiate in good faith regarding the retention or refund of paid amounts (see clause 6.4 on postponement and clause 6.2 on refunds).

In such cases, the Platform shall assist the Customer and Provider in coordinating possible solutions: rescheduling the event, full or partial refunds, or replacing the Provider (if affected by the force majeure).

10.4. Insurance of Events and Liability. The Platform does not provide or include insurance of events, services, or participant liability in its services. If the Customer desires insurance coverage (e.g., for event cancellation, third-party liability, damage to venue property), the Customer must independently arrange such insurance with third-party insurers. Some Service Providers may offer additional insurance or include it in the price – in such cases, this is separately indicated in the service description and confirmed by the Provider upon request.

10.5. Voluntary Insurance of Providers. The Platform encourages its partner Service Providers to maintain civil liability insurance or event coverage, especially when operating in high-value venues, with alcohol service, or in open-air/private properties. However, the Platform does not verify or guarantee the existence or quality of such insurance for each order. The Customer may request confirmation of insurance coverage directly from the Provider before finalizing the order.

10.6. Responsibility for Damages During the Event. In case of material damage to the venue or third parties during the event (e.g., due to staff actions, equipment malfunction, alcohol-related incidents), the responsible party is the one whose actions caused the damage. If the Service Provider caused the damage, they bear liability under applicable law and must compensate the losses. If the Customer or their guests are responsible, they bear the risk and compensate for the damages independently. The Platform is not responsible for such incidents but may assist in mediation and document exchange between the parties involved.

11. Other Conditions and Final Provisions

11.1. Governing Law and Jurisdiction. This Public Offer and all relationships between the Platform, the Customer, and the Service Provider arising from its acceptance are governed by the laws of the Kingdom of Spain. All disputes, disagreements, and claims related to the execution of this Offer or the services rendered shall be resolved through negotiations between the parties. If no agreement is reached, the dispute shall be submitted to the competent courts of Spain, in accordance with the jurisdiction determined by applicable Spanish procedural law. The Customer agrees to resolve legal disputes in the territory of Spain, unless otherwise provided by consumer protection legislation.

11.2. Amendments and Updates to the Offer. The Platform has the right to unilaterally change the terms of this Offer by publishing a new version on the website. The current version is indicated by the date at the beginning of the document. If the Customer disagrees with the updated terms, they must stop using the Platform and cancel existing orders (with application of the cancellation rules in effect at the time). Continued use of the Platform after changes to the Offer constitutes acceptance of the new terms. Changes do not apply retroactively to already accepted orders, unless explicitly stated otherwise.

11.3. Limitation of Claims. Unless otherwise provided by law, the Customer’s claims related to the use of the Platform or the services rendered must be filed no later than 6 months from the date of the event giving rise to the claim. After this period, the claims are considered expired and shall not be considered.

11.4. No Hidden Conditions. The Platform guarantees that this Offer contains all material terms, and that there are no hidden fees, conditions, or obligations not disclosed to the Customer at the time of order. If any party (Customer or Provider) attempts to impose additional conditions or collect additional payments not indicated in the Offer or the order, such actions are deemed a violation. The Customer may report such cases to the Platform. The Platform will take measures to protect the Customer’s rights, including refunding amounts paid under such hidden conditions (if collected through the Platform) and terminating cooperation with the violating Provider.

11.5. Intellectual Property. All rights to the Platform’s content (design, texts, photos, code, logos, etc.), including materials posted on the website or in the application, belong to the Platform or are used under license. Copying, reproducing, or using such content without written permission is prohibited, except when used by the Customer within the normal use of the Platform’s functionality. The Customer also grants the Platform the right to use their reviews, posted photos, and ratings for promotional purposes, indicating only the first name or initials unless full disclosure is agreed.

11.6. Entire Agreement. This Public Offer constitutes the entire agreement between the Customer and the Platform with respect to the use of the Platform and the placement of orders. It supersedes all previous verbal or written arrangements on the same subject matter. In the event of a discrepancy between the terms of this Offer and additional agreements (if any), the terms of this Offer shall prevail unless otherwise agreed in writing by the parties.

11.7. Language Versions. This Offer may be available in several language versions (Spanish, English, Russian). In case of discrepancies between the versions, the Spanish version shall prevail, as the primary legal text. Translations are provided for the Customer’s convenience and understanding only. The Customer agrees that the interpretation of terms shall be based on the Spanish version.

11.8. Contact Details of the Platform Operator: Natalia Babkina Registered in Spain (NIE: Y5479825C) Email: info@caterizi.com Website: