Terms & Conditions
1 GENERAL TERMS
In these Terms and Conditions of Sale, the “Company” means LBG Catering SAS; the “goods” means any item of whatsoever nature which is to be sold or supplied by the Company including services; the “Purchaser” means the person firm or body corporate which buys or has agreed to buy the goods. The goods are designed to private and corporate aircrafts. The Company delivers food and offers concierge services according to the orders placed by the Purchaser, as part of a personalized and qualified service.
These General Conditions of Sale shall apply to and form part of every contract of sale entered into by the Company. All orders are accepted and executed on the understanding that the Purchaser is bound by these General Conditions of Sale which shall govern the contract to the exclusion of any other terms and conditions subject to which any such order is accepted or purported to be accepted, or any such order is made or purported to be made, by the Purchaser.
2 HYGIENE AND SAFETY
The Company guarantees to be in full accordance with all European hygiene and safety standards.
The Company is controlled by independent labs certifying the upmost control on hygiene. The Company is strictly monitoring the strongest security and safety methods to provide the safest service loaded and consumed on board.
The Purchaser shall place its order to the Company by e-mail. On receipt, the Company shall confirm or not the feasibility of the order by e-mail. In any case, the Company shall respond to the Purchaser. Orders placed par the Purchaser are considered definitive once the Company confirms them. An order pricing shall be sent if requested by the Purchaser.
All orders placed by the Purchaser and confirmed by the Company shall be subject to these Conditions of Sale. The Purchaser shall be responsible to the Company for ensuring the accuracy of any order (including any specific request), and for giving the Company any necessary information relating to the Goods within a sufficient time to enable the Company to perform the order in accordance with its specifications.
To be processed and accepted by the Company, orders, including amendments or modifications, must be placed and confirmed at least 24 hours before loading time. If an order, specific request or a modification is sent to the Company less than 24 hours before loading time, the Company shall not be bound by this and may not be in a position to confirm such request. When possible, the Company shall make its best efforts to satisfy the amendment but it shall not be responsible if such order, specific request or modification cannot be satisfied.
4 DELIVERY, LOADING & HANDLING FEES
“Delivery” encompasses all fulfillments of an order made to the client, in a place other than our company premises. Delivery times are only given by way of information and indication, but are given as precisely as possible, depending on our company’s possibilities regarding supply and transportation.
Deliveries are to be scheduled during the opening hours. Before and beyond and for a night delivery the purchaser shall consult the company whom will do its very best to give satisfaction but with no guarantees. Our company therefore makes all efforts to observe the delivery times it indicates when accepting the order, as per the logistical deadline used as a reference in the trade, and to fulfill the orders, except in the case of force majeure, or in the event of circumstances beyond its control such as strikes, freezing temperatures, fire, storms, floods, epidemics, difficulties in obtaining supplies, official bans, traffic jams, accidents, this list not being exhaustive.
Failures to observe delivery times shall not give rise to damages, deductions or cancellation of the orders being handled. Our company will keep the client informed in a timely fashion of any of the cases or events
listed above. In all hypothesis, delivery within the deadline can only take place if the client is up to date with his obligations towards our firm, whatever the reason.
In case of a delay of the crew member exceeding more than 20 minutes, the company may apply some possible waiting fees as the delivery team has to be at the client’s full disposal and cannot be assigned to other tasks.
Delivery, loading and handling fees depend on the type of vehicles needed for each order.
DELIVERY & LAST MINUTE DELIVERY LOADING (BY VAN):
Category 1 (LEARJET, BEECHCRAFT, CITATION, FALCON 20 1 50) 65 euros
Category 2 (GULFSTREAM, FALCON 2000, 900, CHALLENGER, GLOBAL EXP, EMBRAER) 90 euros
Category 3 (BOEING 727, 737, AIRBUS 319, 320, 321, YAK 42) 150 euros
Category 4 (BOEING 767, 747, AIRBUS 310, 330, 340) 250 euros
OFF -LOADING (BY HIGHLOADER)
Category 3 (BOEING 727, 737, AIRBUS 319, 320, 321, YAK 42) 210 euros
Category 4 (BOEING 767, 747, AIRBUS 310, 330, 340) 235 euros
DELIVERY LOADING (BY HIGHLOADER)
Category 3 (BOEING 727, 737, AIRBUS 319, 320, 321, YAK 42) 420 euros
Category 4 (BOEING 767, 747, AIRBUS 310, 330, 340) 470 euros
All prices are exclusive of Value Added Tax (VAT) or any other required tax, which will be charged at the applicable rate in addition to the price.
The Company reserves the right to amend its prices without notice. In the event of a price change and unless otherwise agreed in writing, prices for orders scheduled for immediate delivery shall be those in effect at the time of the order. Orders not for immediate delivery will be subject to prices in effect on the date of delivery.
If an accepted order or a specific request is received and registered by the Company 4 hours before loading time, an extra charge of 30% of the price shall apply. The Company shall refer to the opening hours to apply the extra 30% charges.
All orders confirmed and delivered between outside the opening hours (night delivery) will be subject to an extra delivery charge of 30% of the price.
All catering and concierge orders are submitted to a safety fee calculated on an additional 15% of the total invoice.
All catering and concierge orders are submitted to an additional 10% of the total invoice if the invoice is to be paid by an intermediary (brokers, handlers, business finder etc..)
6 CONDITIONS OF PAYMENT
All payments shall be made prior delivery (or upon delivery if not specified in the confirmation) unless special accounting arrangements have been made by prior agreement with the company. Credit card information shall be requested and a deposit from 10% to 50% may be requested in order to fully confirm the order.
7 ACCEPTED METHODS OF PAYMENT
The Company only accepts payments by cash and following credit card: Master Card, Visa and American Express.
Payment with American Express are submitted to an additional 3% of the total invoice.
Payments are accepted in Euro and in the following currencies: US Dollars, Pounds and Swiss francs, with application of the official exchange rate in force on the date of payment.
8 TAX FREE PAYMENT
Any aircraft operator landing in France can benefit from Tax Free payment under the condition that more than 80% of its activities take place outside the French territory. If a Tax Free transaction is needed, the aircraft operator or its representative must provide the Company a copy of a valid AOC (Aircraft Operator Certificate) 24 hours before the delivery. In any other case, the aircraft operator or its representative will be subjected to local VAT taxation.
9 COURRIER & CONCIERGERIE FEES
For all Concierge services and specific orders requesting courier facilities, a charge of 60 euros/hour will be due with a minimum charge of one hour. The Company only applies full hour and no fraction hour.
In the case the Purchaser is asking the Company to pick-up pre-paid order to a supplier, the Company will apply a minimum 100 euros carrier fee per hour, calculated on the number of pick-up to do.
The Company reserves the right to amend its prices without notice. In the event of a price change and unless otherwise agreed in writing, prices for orders scheduled for immediate release shall be those in effect at the time of the order. Orders not for immediate shipment will be subject to prices in effect on the date of shipment.
10 CANCELLATION FEES
In case of partial or full food items cancellation, for any reason, including requests to remove items from a registered order, the Company will apply the following compensation terms (opening hours are the reference hours for the calculation of the cancellation fees) :
Up to 12 business hours before scheduled delivery time: no charge will be due
From 12 to 6 business hours before scheduled delivery time: a charge of 50% of the initial order will be due
Less than 6 business hours before scheduled delivery time: the total price of the confirmed order will be due
In the case of a cancellation outside the opening hours, the opening time will be considered as reference time of cancellation for the calculation of the cancellation fees.
Any specific request or Concierge Services will be charged in full, no cancellation will be accepted.
All cancellations and/or items removed must be made in writing. No cancelations by telephone will be accepted
11 LATE PAYMENT
If any amount due by the Purchaser to the Company is not paid on time, interest shall automatically accrue on it at the Euribor
3 months rate in effect at the due date plus 15 points, and it shall not be necessary to provide any official notification thereof.
In addition, all costs related to the debt recovery will be borne by the Purchaser.
If the Purchaser fails to make any payment when due in accordance with these Conditions of sale, the Company reserves the right in its absolute discretion and without prejudice to any of its other rights of remedy to suspend all further deliveries until such payment has been made in full together with any other amounts owing to the Company whether the due date for payment has been reached or not, if so requested by the Company or, at the Company’s option, to cancel the order without prior notice.
Any claim or complaints must be made in writing and sent to the Company in the next 24 hours maximum after loading. After this period, no claim or complaint will be admissible and the company will consider the service was in compliance with the client’s expectations.. Billing complaints must be made in writing within 8 days from the invoice date.
13 FORCE MAJEURE
The following are considered as cases of force majeure, events beyond the control of the parties concerned that they could not reasonably be expected to foresee, and that they could not reasonably avoid or surmount, to the extent that their occurrence makes the fulfillment of these obligations totally impossible.
In particular, the following are included as cases or force majeure, releasing our company from its obligation to deliver within the deadlines initially anticipated: strikes held by all or part of our company’s staff or its usual transporters, fire, flooding, war, production shutdowns due to fortuitous breakdowns, impossibility of receiving supplies of basic commodities, epidemics, closure due to heavy thaws, road blocks, strikes or breaks in the supplies for a reason non attributable to our company, any other cause of a break in supplies attributable to our suppliers or any other cause (whether or not of a like nature) beyond the Company’s control.
Under such circumstances, our company will inform the Client in writing, specifically by E-mail, within one hour of the date when the events occurred, the contract binding our company and its client may be terminated by the most diligent party, without either of the parties being able to claim any damages.
Such termination would come into effect on the date of the first delivery of a registered letter with request of acknowledgement of receipt, cancelling said sales contract. Any such cancellation or termination will result in the reimbursement by our company of the sums already paid by the client, to the exclusion of all other indemnities.
These Terms and Conditions of Sale and relating matters shall be governed by and construed in accordance with the Laws of France and all disputes shall be submitted to the jurisdiction of the Courts in the district of the Court of Appeal of Pontoise.
Revised on 29/04/2020