General Terms and Conditions
Last updated on April 04, 2025
These General Terms and Conditions apply to all use of the Mobile-Food website http://www.mobile-food.ch/ (hereinafter: the Platform).
By accessing the website in any way, you agree to be bound by these General Terms and Conditions.
1. Intellectual Property
The Platform, its content, and its features are the property of Mobile-Food and may not be copied or reused in any manner without the consent of Mobile-Food. All right reserved for the royalty-free photographs used by Mobile-Food.
2. Definitions
Partner
The term Partner refers to any service provider featured on the Platform, including but not limited to food trucks and caterers, with whom it is possible to get in touch for the purpose of obtaining their services.
Client
The term Client refers to any user of the website who wishes to be connected with a Partner to obtain Services for an Event.
Service
The term Service refers to all the services offered by each Partner, such as the provision of a food truck, catering services, or any other related service for an Event.
Event
The term Event refers to the subject of the contract concluded between the Client and the Partner, namely the provision of Services at a specified location and on a specified date.
3. Role of Mobile-Food and Mediation Process
Exclusive Intermediation
Each Partner featured on the website is an independent third party and not an employee of Mobile-Food.
Mobile-Food acts as the sole intermediary between the Client and the Partner until the Event is confirmed.
All contacts between the Client and the Partner must go through Mobile-Food until the contract is confirmed.
Booking Process
- The Client fills out a request form on the Platform.
- The information provided in the form is sent to Mobile-Food, which then contacts the relevant Partner to verify their interest and availability for the specified date.
- If the initially contacted Partner is unavailable, Mobile-Food will endeavor to propose a similar Partner.
- The contract between the Client and the Partner is deemed concluded once an email confirmation exchange confirms the agreement of both parties.
Non-Circumvention
The Client and the Partner agree not to bypass the service provided by Mobile-Food, in particular by exchanging their personal contact details with the intention of concluding a contract without the involvement of Mobile-Food. In the event of circumvention, Mobile-Food may require a penalty of CHF 2,000.00 per incident and reserves the right to claim additional damages through legal proceedings.
4. Client Obligations
The Client agrees to provide all necessary information to the Partner for the successful execution of the Event, including:
- Any constraints related to the venue (access, permits, electrical supply, etc.).
- Any other information necessary to ensure the proper performance of the Services.
The Client is responsible for obtaining all necessary authorizations for the smooth execution of the Event and for the placement of the service provided by the Partner.
5. Event Cancellation
The Client is free to cancel the Event at any time. However, in the event of cancellation:
- If cancelled less than 14 days before the scheduled date, the Client remains liable for 50% of the agreed amount with the Partner, unless otherwise expressly agreed in writing.
- If cancelled less than 7 days before the scheduled date, the Client remains liable for 100% of the agreed amount with the Partner, unless otherwise expressly agreed in writing.
6. Liability and Insurance
Mobile-Food does not provide any insurance or guarantee regarding the performance of the Services by the Partner.
In the event of the Partner's failure to appear or any issues related to the Services, the responsibility lies solely with the Partner.
Mobile-Food cannot be held responsible for non-compliance with any legal requirements related to the execution of the Event, nor for any cancellation of the Event for any reason.
7. Force Majeure
Mobile-Food shall not be held liable for any failure or delay in performing its obligations due to force majeure.
Force majeure includes any unforeseeable event beyond the control of the Parties, such as an epidemic, natural disaster, strike, war, revolution, widespread telecommunication or internet failure, or any similar event.
8. Modification of the General Terms and Conditions
Mobile-Food reserves the right to modify these General Terms and Conditions at any time.
Using the Platform after any modifications constitutes acceptance of the new Terms and Conditions.
Any contractual modification may be made through a simple exchange of emails, without the need for a handwritten signature.
9. Choice of Law and Jurisdiction
Any dispute related to the application or interpretation of these General Terms and Conditions shall be exclusively submitted to the jurisdiction of the Regional Court of Littoral and Val-de-Travers, located in Neuchâtel, Switzerland.
If you have any questions or require further information regarding these General Terms and Conditions, Mobile-Food remains at your disposal.