GENERAL TERMS AND CONDITIONS OF SERVICE
- Holder: Martí Calzada i Muntane
- NIF: 45170625M
- Tax address: Camí de la Creu, 64 · 17530 Campdevànol (Girona)
- Email: paellas@barcelonapaellas.com
- Phone: 681 81 84 67
- Website: barcelonapaellas.com
- Trade mark: Popaella
1. Purpose and scope of application
These General Terms and Conditions govern the contracting of catering services provided by Popaella for events, celebrations, and similar services.
Popaella mainly provides services for:
on-site preparation of paellas and/or fideuàs,
catering services for appetizers, desserts, and drinks, if expressly included,
provision of compostable tableware or other auxiliary elements, if expressly included,
transport, travel, setup, and logistics related to the contracted service.
These conditions apply to budgets, reservations, payments, modifications, postponements, cancellations, service execution, and subsequent incidents, unless specific conditions have been agreed upon in the budget or in a subsequent written confirmation that prevail over these.
2. Identification of the provider and activity situation
Popaella is a catering service for events. The service is usually provided at the location indicated by the client and according to the logistical conditions of each event. The activity is carried out without public attention at the tax location.
Popaella has valid civil liability coverage appropriate to its activity. The certificate or proof will be provided when reasonably requested by the event organization, by the venue, by an administration, or for justified coordination reasons.
Popaella carries out its activity in accordance with applicable health regulations, has submitted the Responsible Declaration regarding Food Safety, and provides information about allergens in the products offered in accordance with current regulations.
3. Documents that make up the contract
The contractual relationship between Popaella and the client is made up, in this order, of the following documents:
the accepted budget or proposal,
these General Conditions,
any subsequent modifications accepted in writing,
the final confirmation of reservation or execution sent by Popaella.
In case of contradiction, the more specific and later document that has been accepted in writing will prevail.
4. Pre-contractual information and budget
Before formalizing the reservation, Popaella will provide the client with a budget or economic proposal with as much detail as possible according to the available information. The budget may include, among other aspects:
date and indicative or definitive time,
location or municipality of the event,
indicative number of guests,
type of contracted service,
menu or planned format,
price and applicable taxes,
transport or logistical expenses,
conditions of reservation and deposit,
date deadline to communicate the final count,
technical or logistical observations.
The budget will be valid as expressly indicated. If no term is indicated, it will be understood to be in effect as long as there are no objectively justified changes in availability, logistics, or price.
5. Acceptance of the budget and perfection of the contract
A simple request for information, a WhatsApp inquiry, a phone conversation, a preliminary exchange of messages, or an informal expression of interest do not constitute a date reservation or perfection of the contract.
The reservation and formalization of the service occur only when the following requirements are met together:
express acceptance of the budget or proposal,
acceptance of these General Conditions,
payment of a deposit of 30% of the budget through the enabled online payment system,
confirmation of receipt by Popaella in writing, by email, WhatsApp, or equivalent means.
The client must have reviewed the budget and accepted these General Conditions before making the deposit payment. The payment implies an obligation to pay and a contractual binding with Popaella. Without these requirements, the date will not be considered blocked or guaranteed.
LEGAL NOTICE: The Consumer Code of Catalonia establishes that when the amounts advanced exceed 25% of the total and are greater than €100, the entrepreneur must have guarantee mechanisms for their refund in certain cases. Popaella will comply with this obligation in the legally corresponding terms and will inform the client if applicable.
6. Usual form of the service
Unless another arrangement has been expressly agreed upon, Popaella provides services in the format of direct service, buffet, or assisted self-service, depending on the nature of the event.
In generalIS NOT included:
table waiter service,
protocol service in the room,
free bar,
extra staff beyond what is necessary for the production and usual service of the contracted format.
If the client requires table service, additional staff, a drinks bar, enhanced collection, specific setup, or an operation different from the usual, it must be expressly agreed upon and included in the budget or in a subsequent written modification.
7. External collaborators and delegation of service
Popaella can execute the service with its own staff or through trusted external collaborators, including the possibility of delegating the technical execution of the paella service to a collaborating chef in case of operational need.
In every case, Popaella is responsible to the client for the quality, safety, and proper execution of the service, regardless of who physically executes it. Delegation does not alter Popaella's obligations to the client.
8. Content of the service: what is included and what is not included
Only those concepts expressly included in the accepted budget or subsequently confirmed in writing are part of the contract.
Examples of menus, commercial texts, photographs, reels, stories, posts, websites, advertising materials, or guiding messages do not automatically form part of the contract unless they have been expressly incorporated into the accepted proposal.
The complements, extras, or services not expressly included will be understood as excluded.
9. Auxiliary tasks and operational priority
Popaella and its team only perform the tasks specific to the contracted catering service. Any additional auxiliary task (such as setting tables, assembling decorative elements, distributing organizational materials, or similar) must be expressly agreed upon and included in the budget or in a prior written confirmation.
The previously agreed auxiliary tasks will be executed without issue within the planning of the service.
If during the execution of the event the client requests unagreed auxiliary tasks, Popaella may decline them if they would compromise the proper execution of the contracted catering service at that moment. Popaella's operational priority is always to ensure the quality and timing of the food service.
10. Reasonable product variations
Given the nature of the service and the dependence on seasonality, market, suppliers, and product availability, Popaella reserves the right to introduce reasonable variations in ingredients, complements, or secondary compositions of the service, especially in appetizers, side dishes, desserts, or auxiliary products.
These variations will only be acceptable when they respond to objective reasons of availability, market, season, quality, or logistics; do not essentially alter the overall nature of the contracted service; and are made with equivalent or similarly leveled products.
Under no circumstances will substitutions that substantially affect the essence of the main service be introduced without express agreement with the client.
11. Price and objective calculation criteria
The price of the service will be as stated in the accepted budget, indicating the applicable taxes (10% VAT on the base price) and the included items.
When it is not possible to accurately set the final price before the reservation, it will be determined according to objective criteria, which may include:
final number of guests,
municipality and exact location of the event,
difficulty of access, loading and unloading,
time slot and waiting time,
need for additional travel or vehicle rental,
additional staff,
menu extras or services not initially planned.
The price cannot be unilaterally modified by Popaella without a valid reason provided in these conditions or without an objective modification of the service circumstances.
12. Modifications to the service after the reservation
Any modification after the reservation may lead to a review of the budget if it objectively alters the cost, logistics, time, or scope of the service. By way of example, the following may lead to a price review:
change of municipality or location,
change of schedule,
change of service format,
increase or decrease in the number of guests,
addition or removal of extras,
new technical or personnel requirements,
initially unreported access limitations,
substantial modifications to the logistics.
No verbal or telephone change will be considered incorporated into the contract unless it is in writing.
13. Minimum billable, tiers and format of the service
In general, the minimum billable for the service is 30 guests. Without prejudice to the specific conditions of each quote, the usual working model is as follows:
from 30 to 49 guests: usual full menu format,
from 50 to 79 guests: usual format adapted according to proposal,
from 80 guests onwards: more flexible formats according to availability and budget.
If a change in the number of guests alters the tier on which the proposal was calculated, Popaella may recalculate the service according to the effectively applicable tier.
14. Final guest count
The client must communicate the final guest count no later than 7 calendar days before the event, unless a different deadline is indicated in the quote.
If the final number increases: Popaella will do its best to accommodate the increases, but any increase is subject to the availability of staff, raw materials, equipment, and logistics. Substantial increases will only be accepted if Popaella expressly confirms them in writing.
If the final number decreases: billing will remain based on the minimum guaranteed indicated in the quote, or on the minimum tier or format necessary to maintain the economic balance of the service.
15. Additional guests on the day of the event
If additional guests not communicated within the final count deadline show up on the day of the event, Popaella is not obligated to cover them but will do its best to adapt the service to the actual situation, as long as operational circumstances allow.
In no case shall this voluntary adaptation be interpreted as an obligation of Popaella nor shall it generate a right to claim by the client if it is not possible to accommodate additional guests.
16. Minor Policy and Count
The minor policy applies only to private events (weddings, anniversaries, communions, and similar). It does not apply to school events, public parties, or corporate events, where all attendees count towards the agreed price in the budget.
For private events where the budget includes a range for minors, the following criteria will apply, unless expressly agreed otherwise:
from 0 to 5 years: free (do not count),
from 6 to 9 years: 50% of the adult price,
from 10 years and up: adult price.
This distinction is only applicable if it is expressly stated in the accepted budget. If it is not stated, all guests will count according to the general economic rules of the service.
17. Deposit
To formalize the reservation, the client must pay a deposit of 30% of the budget, using the online payment system available once the budget is accepted.
The purpose of the deposit is to reserve the date, block the schedule and availability, initiate the organization, and assume, if applicable, purchases, contracts, rentals, or preparatory logistics.
The remaining price will be paid in the manner and within the timeframe indicated in the budget, on the invoice, or in the final confirmation.
18. Payment Method and Balance Settlement
Payment will be made by the means indicated in the budget or in the reservation confirmation. Unless otherwise specified:
the deposit will be paid at the time of formalizing the reservation through the online payment system,
the remaining balance will be settled once the event is completed, within a maximum of 7 calendar days from the date of the service, unless a different term has been agreed upon in the budget.
In case of clients who are public administrations, public entities, or municipalities, the payment terms will be governed by the regulations on late payment in commercial transactions applicable to public administrations, and Popaella will adapt the term to this reality as long as the public condition of the client has been previously informed.
Failure to make payment within the agreed term may result in the collection of outstanding amounts by legally appropriate means.
19. Cancellation by the client
Cancellation must be communicated in writing. Unless specific conditions have been agreed upon in the budget, the following regime will apply:
more than 60 calendar days before the event: full refund of the deposit, except for non-recoverable external expenses already incurred and justified,
between 60 and 31 calendar days before: 50% refund of the deposit, except for non-recoverable external expenses already incurred and justified,
between 30 and 8 calendar days before: the deposit will not be refundable,
7 natural days or less before: the deposit will be non-refundable and, moreover, Popaella may pass on the effectively incurred and justified non-recoverable external expenses, which may include: vehicle reservation, purchase of perishable raw materials, hiring of collaborators, and the value of the internal preparation hours assumed by Popaella in relation to the event.
Note: The impact of the internal preparation hours as compensable damage is a guideline for valuation, not an automatic penalty. Under no circumstances will penalties unrelated to the damages or costs effectively incurred be applied when consumer legislation requires proportionality.
20. Postponement requested by the client
When the client requests to postpone the event instead of cancelling it, Popaella will try to offer a new date. The change will only be confirmed if there is real availability, the new date is expressly accepted by Popaella and, if applicable, the logistical or economic aspects that correspond are adjusted.
If there is no agreement on a new date, the request will be understood as a cancellation and the corresponding cancellation policy will apply.
21. Cancellation or impossibility of execution by Popaella
Popaella may only render the service ineffective due to: force majeure, objective impossibility arising, serious risk to safety, order or restriction from a competent authority, or exceptional circumstances beyond its control that prevent the reasonable and safe provision of the service.
In these cases, Popaella will prioritize, in this order: (1) rescheduling, (2) reasonable equivalent alternative solution, (3) refund of the amounts charged corresponding to the service not provided.
Popaella will not be able to retain amounts for services not rendered when the resolution is exclusively attributable to it outside of legally admissible cases.
22. Adverse Weather and Force Majeure
Ordinary unfavorable weather (rain, wind, cold, heat) does not automatically justify cancellation if there is a reasonable alternative to execute the service. In the event of adverse weather forecasts, the parties will act in good faith to assess: relocation, covered space, schedule change, logistical adjustment, or postponement.
The following will be considered force majeure: administrative prohibitions or restrictions, lockdowns or official limitations, civil emergencies, mandatory closure of spaces, serious risk to the physical integrity of individuals, or unavoidable extraordinary events that objectively prevent the execution of the service.
In the case of force majeure, the parties will prioritize rescheduling before resolution.
23. Operational Conditions of the Space
The client must inform Popaella, with sufficient notice, about the conditions of the space where the service will be provided. In particular:
- Furniture and Tables
In general, Popaella does not provide tables or chairs for the guests. The client is responsible for providing the necessary furniture for the service. Popaella provides its own work tables for the operational area. If additional tables are needed for the service to the guests due to the characteristics of the event, Popaella will communicate this to the client with sufficient notice for them to manage it or to agree together. - Popaella treballa amb les seves pròpies botelles de gas i material autònom. No requereix connexió elèctrica per a l'execució habitual del servei. Si les característiques de l'event requereixen connexió a la xarxa elèctrica del recinte o material addicional, el client haurà d'informar-ho prèviament perquè Popaella ho pugui valorar i, si escau, incloure'l al pressupost.
- Popaella necessita un accés mínim de 2 hores i mitja abans de l'inici del servei per a la instal·lació, muntatge i preparació. Per a events de gran format, aquest temps pot ser superior i s'acordarà amb el client al pressupost o en la confirmació prèvia. Si el client no garanteix aquest accés mínim, Popaella no es farà responsable dels retards en l'inici del servei derivats d'una instal·lació incompleta.
- El client ha de garantir una zona de treball adequada, segura i accessible per a Popaella, proporcional a la mida de l'event. A títol orientatiu, per a events de fins a 50 persones es necessita un espai mínim aproximat de 3x3 metres; per a events de major volum, l'espai necessari s'acordarà prèviament. Si l'espai disponible és inadequat o insegur i Popaella no n'ha estat informada amb antelació, Popaella podrà adaptar el servei a les circumstàncies reals o, si l'execució segura no és possible, resoldre el servei amb la liquidació que correspongui.
- El client és responsable de conèixer i comunicar a Popaella qualsevol restricció de l'espai relativa a fum, ventilació, foc obert o normativa interna del recinte que pugui afectar l'execució del servei. Popaella pot cuinar en espais interiors sempre que el client hagi verificat i confirmat prèviament que l'espai ho permet i que la ventilació és adequada. En cas que el servei en interior no sigui viable per restriccions no comunicades, la responsabilitat recaurà sobre el client.
- Si el client informa de l'existència d'un punt d'aigua al recinte, garanteix que aquesta és apta per al consum humà i adequada per a l’ús en la preparació d'aliments. Popaella pot fer un ús puntual i auxiliar del punt d'aigua del recinte durant el servei. Si l'aigua no és apta o presenta problemes de qualitat, gust, color o olor, i això afecta el resultat del servei, la responsabilitat recaurà sobre el client. Si no hi ha punt d'aigua disponible o Popaella no pot garantir-ne la qualitat, Popaella aportarà l'aigua necessaria per a l'execució del servei, cosa que podrà comportar un sobrecost logístic que s'informarà prèviament.
- Parking, Loading, and Unloading
The client must inform Popaella of the parking and loading and unloading conditions available at the venue or in the event area: whether there is a designated loading and unloading area, if Popaella can access the venue by vehicle, if parking needs to be found on the public road and where, and if there are restrictions for heavy vehicles.
If the client indicates a specific parking or access location to Popaella, they guarantee that they have the necessary authorization to use it. Popaella will not be responsible for fines, penalties, or vehicle removals resulting from incorrect or incomplete information provided by the client.
For events that require heavy vehicles or where access conditions are complex, the client must manage, if applicable, the necessary municipal or authority permits to facilitate Popaella's access and parking. Popaella will communicate this need with sufficient advance notice.
24. Schedules, general access, and client logistics
The client must provide sufficient advance notice regarding:
the exact location of the event and characteristics of the space,
schedule restrictions,
the contact person responsible on the day of the service,
the existence or not of a water point available,
the existence or not of a power point (electricity) available, for informational and logistical planning purposes,
any other relevant circumstance for setup and execution.
The client is responsible for providing a suitable, safe, and accessible space, as well as obtaining the necessary permits and authorizations for the venue that correspond to them as the organizer.
25. Third-party spaces and responsibility for the venue
When the service is provided in a space contracted or provided by the client or a third party, Popaella will act as an external catering service provider and will be responsible for damages directly attributable to its actions, but does not assume general responsibility for the venue, its facilities, its structural safety, or the insurance of the space holder.
26. Allergens, intolerances, and special diets
Popaella will provide information about allergens in the offered products in accordance with Regulation (EU) 1169/2011 and applicable regulations.
The client must communicate in writing any allergies, intolerances, special diets, or food restrictions at least 7 calendar days in advance. If not communicated within this timeframe, Popaella does not guarantee the possibility of specific adaptations.
The existence of food adaptations does not completely eliminate the risk of traces or cross-contact typical of a food production environment, although Popaella will apply reasonable separation and prevention measures as appropriate.
27. Technical incidents with own material
In the event of an unforeseen technical incident with Popaella's material during the service (breakage, equipment failure, or similar situation), Popaella will make all reasonable efforts to resolve the incident and continue the service, adapting the timing or sequence of the service if necessary.
Popaella's intention is always to execute the complete service and guarantee the quality of the result. If, despite efforts, the incident prevents the total execution of the service, the clause for partially executed service will apply, and billing will be proportional to the part effectively provided.
28. Quality of service and subjective dissatisfaction
Popaella executes the service with the utmost quality and dedication, using fresh products and techniques specific to its trade.
The assessment of taste, cooking point, salt level, or other sensory aspects of the food has an inherently subjective component. No returns or financial compensations will be made for personal preferences of the diners or the client when the service has been executed correctly, with the products and format agreed upon in the budget.
If the client believes that the service has not been executed correctly or does not match what was agreed upon, they must communicate this to Popaella during or immediately after the service, and the parties will act in good faith to assess the situation and, if appropriate, find a reasonable solution.
29. Safety of the operational area and civil liability
Popaella delineates and marks its operational area (cooking area, kitchen, and preparation) and provides the necessary indications so that attendees do not access it during the service.
If an attendee accesses the operational area ignoring the indications or the boundaries established by Popaella, the responsibility for the consequences will fall on the organization or the client, who is responsible for the overall safety of the event and the behavior of the attendees.
Popaella has valid civil liability insurance to cover incidents directly attributable to its actions. This insurance has the coverage limits specific to the contracted policy, which Popaella can provide to the client if reasonably requested.
30. Waste management and cleaning
Popaella manages and removes the waste generated by its operational area: leftover ingredients, product packaging, and its own auxiliary materials.
Popaella does not take responsibility for the collection or management of waste generated by diners or the organization (plates, cutlery, glasses, meal leftovers outside the kitchen area). If the client requires Popaella to take on post-service collection tasks outside its operational area, this must be expressly agreed upon and will be included in the budget.
31. Delays, waits, and incidents attributable to the client
If the service experiences delays, blockages, waits, or last-minute changes attributable to the client, the organization, or the venue, Popaella may: adjust the pace of the service according to the actual situation, pass on the objectively generated additional costs, or, if the incident materially prevents execution, resolve the service with the corresponding financial settlement.
32. Photography and video of the service
Popaella may take photographs and record videos during the service for the purpose of commercial documentation, advertising, and use on social media and the web.
If the client does not wish for photographs or videos to be taken during their event, or opposes their publication, they must expressly communicate this in writing to Popaella at least 7 calendar days in advance. In the event that images are published, Popaella will not identify the individuals appearing in them by name, unless there is express consent.
33. Partially executed service
If, due to reasons beyond Popaella's control, the service is executed partially (due to force majeure or unforeseen circumstances not attributable to either party), the billing will be proportional to the part of the service actually provided.
If the cause of the partial execution is attributable to the client (delays, access restrictions, last-minute unilateral changes, or similar), Popaella may invoice the service in its entirety according to the accepted budget.
34. Valid communications between the parties
Relevant communications regarding the service must be made in writing, preferably via: email, WhatsApp, or other means that allow for content retention.
Telephone or verbal conversations will only have contractual value if they have subsequently been summarized and confirmed in writing without opposition from the other party within a reasonable time.
35. Right of withdrawal
When the contract is for a food or catering service with a specific date or execution period, the legal right of withdrawal of 14 days as provided for in consumer regulations (article 103.l TRLGDCU) will not apply.
36. Complaints
The client can submit complaints or claims through:
Email: paellas@barcelonapaellas.com
Phone: 681 81 84 67
Postal address: Camí de la Creu, 64 · 17530 Campdevànol (Girona)
Popaella has official complaint, claim, and report forms available to consumers, also via electronic means when legally applicable.
37. Protection of personal data
The personal data provided by the client will be processed by Martí Calzada i Muntane (NIF: 45170625M), as the data controller, for the purpose of managing budgets, reservations, service execution, invoicing, customer service, and compliance with legal obligations.
The detailed information on data processing, legal basis, retention periods, recipients, and exercise of rights is included in the Privacy Policy available on the website barcelonapaellas.com.
38. Cookies and third-party tools
The use of cookies and similar technologies is governed by the Cookie Policy of the website barcelonapaellas.com. Acceptance of these General Conditions does not equate to acceptance of unnecessary cookies.
39. Partial nullity
If any clause of these conditions is declared null, abusive, or unenforceable, the rest of the document will remain in effect to the extent that it is legally valid.
40. Applicable legislation and dispute resolution
These conditions are governed by Spanish legislation and, where applicable, by the consumer regulations applicable in Catalonia.
Without prejudice to the rights of consumers to approach the competent consumer authorities, the parties will seek to resolve any discrepancies in good faith and amicably.
When the client has the legal status of a consumer, no clause of this document will be interpreted to the detriment of the imperative rights recognized by consumer regulations.