Terms & Conditions

By acquaintance or making and paying for a reservation, the client accepts these general terms and conditions. A copy of these terms and conditions will be delivered to the client by e-mail.

Article 1: Definitions

Offer: Event and catering services associated with the concept "MOHÍCAN" held at specific times at the location described on the website.
Dinner On The Lake BV, Antoon Catriestraat 39d, 9031 Drongen (Belgium), Company Number: 0693.915.729, Email: hello@mohican.be.
Customer(s): The natural or legal person who accepts the Offer from F&F as the end customer, including all participants in an event (regardless of whether they are listed by name).
Location: The location where the Offer applies, as indicated on the Website(s) of F&F.
Brand: MOHÍCAN is a registered trademark.
Website: www.mohican.be.

Article 2: Applicability

These general terms and conditions apply to every reservation by the Customer, every Offer by Mohícan, and every agreement concluded at a distance between Mohícan and the Customer.
Before the remote agreement is concluded, the text of these general terms and conditions and all necessary and useful information will be made available to the Customer. Mohícan is only considered bound to the reservation/order if it has accepted it in writing and the requested amount has been paid.
The non-application of a clause specified in these general terms and conditions shall not be interpreted as a waiver by Dinner On The Lake BV to enforce it.

Article 3: Offer

The Offer is exclusively intended for sale in Belgian or Dutch territory, unless expressly stated otherwise on the Mohícan website or elsewhere.
If an Offer has a limited validity period or is subject to special conditions, this will be clearly stated in the Offer.
The Offer includes a complete description of the services and products offered. The description is sufficiently detailed to allow the Customer to adequately assess the Offer.
Images of the Offer are purely illustrative. Location images, menus, service and product partners, dimensions of wooden structures, shapes, colors, quality, and other data included on the Website, in catalogs, or in advertisements are indicative in nature.
Multiple shifts may take place on the same evening at the Location. The Customer agrees to be present at the Location in a timely manner and in accordance with their reservation.
The location as indicated on the Website may change if Mohícan is forced to do so. Mohícan reserves the right to use alternative similar locations within a radius of one hundred (100) kilometers around the Locations indicated on the Website.
The menu as displayed on the Mohícan website is indicative. Mohícan reserves the right to serve a similar menu.
The name of the chef for a specific time is indicative. Mohícan has the right to replace the chef with one of a similar level.
Any requested changes to the menu due to health reasons (such as pregnancy and allergies) that occur after the acceptance of the reservation must be communicated in writing to Mohícan bv no later than 48 hours before the start of the reserved time, with Mohícan bv reserving the right to adjust its offer accordingly if necessary.
Each Offer contains clear information, ensuring that the Customer understands the rights and obligations associated with accepting the Offer.
The Offer is valid only as long as the service has not been previously reserved by another Customer. The principle of "first-to-book" applies as discretionarily assessed by Mohícan based on the logbook.

Article 4: Execution of Services

The agreement is concluded at the moment Mohícan confirms the reservation by the Customer and/or when the full payment is received by Mohícan.
Mohícan will send a reservation confirmation via email to the address provided by the Customer. The Customer is solely responsible for correctly filling out all details.
Since the agreement is concluded electronically, Mohícan takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment.
When the Customer creates an account, they must provide Mohícan with the most recent and all requested information to manage the reservation optimally. Failing to do so, F&F reserves the right to delete the account and consider any reservation null and void.
The Customer is responsible for securing the personal password used to access their account. The Customer agrees not to disclose their password to third parties. The Customer must immediately inform Mohícan of any security risk or unauthorized use of their account.

Article 5: Customer Cancellation

Principle: The Customer cannot cancel a reservation, nor reduce the number of participants or reserved places, unless expressly agreed in writing by Mohícan. In case of total or partial cancellation, Mohícan is not obliged to refund any payments received. If the payment was not made at the time of reservation, the Customer must promptly make any outstanding payments. The Offer consists of providing catering, accommodation, and leisure services as defined in Article VI.53, 12° of the Economic Law Code. The Customer therefore cannot exercise a right of withdrawal except with written agreement from Mohícan and/or according to the conditions in this article.
Rebooking: If a Customer (and participants) for any reason, despite the cause of this cancellation being beyond their control or resulting from force majeure, cannot attend the reserved time, the Customer has the option, calculated based on the date of receipt of the cancellation email or letter prior to the event date:
- Up to 14 calendar days before the reserved time, to request a rebooking to another date/time where availability exists at no cost;
- 14 to 7 calendar days before the reserved time, to request a rebooking to another date/time where availability exists, subject to a 15% administration fee of the total amount;
- 7 to 3 calendar days before the reserved time, to request a rebooking to another date/time where availability exists, subject to a 50% administration fee of the total amount;
- At any time, to send other persons as replacements, providing their names.
Cancellation in case of illness or death: If a Customer (and participants) cannot attend the reserved time in whole or in part due to illness or death, the Customer has the option, in addition to rebooking as per the above provision, calculated based on the date of receipt of the cancellation email or letter prior to the event date:
- Upon submission of a medical certificate or death notice, up to 14 calendar days before the reserved time, to request a cancellation and refund, subject to a 15% administration fee of the paid amount;
- Upon submission of a medical certificate or death notice, up to 7 calendar days before the reserved time, to request a cancellation and refund, subject to a 50% administration fee of the paid amount.
Cancellation due to illness or death is not possible if a bespoke Offer has been developed and accepted for the Customer or in the case of a private event that takes place and for which the Offer was exclusively reserved.
All communication by the Customer in execution of Article 5 must be done by email to michiel@mohican.be, mentioning (i) the name under which the reservation was made, (ii) the number of participants, (iii) the specific request in accordance with Article 5.
If any refund is to be made by Mohícan to the Customer, it will occur within five (5) business days to the account from which the payment was made.
The amount refunded by Mohícan includes only the reservation amount (ticket price). Any costs associated with payment, the type of payment, or the payment application used will not be refunded to the Customer by Mohícan.

Article 6: Cancellation by Mohícan

In unforeseen circumstances or force majeure situations (e.g., severe weather, gusts of wind, storms, thunderstorm threats, extreme heat, drought, odor nuisance, staffing shortages, strikes, fire, terrorist threats, pandemics/epidemics, or other unforeseeable circumstances at the time of closing the agreement), Mohícan reserves the right to cancel reservations and propose a new replacement time. Cancellations are made based on the principle of "first come, first served."
Mohícan can immediately terminate the agreement at any time without prior notice or legal intervention if the contracting party does not comply with the provisions of these general terms and conditions or in case of gross negligence by the Customer. Examples are given without being exhaustive: failure to make payments by the Customer within the applicable deadlines.
Mohícan also reserves the right to cancel a reservation and propose a new replacement time if the occupancy rate for an evening is too low (less than 10 people).
If the Customer does not agree with the replacement time, they have the right to a full refund of the amounts paid, subject to a 25% administrative fee of the amounts paid.
Other damages related to such cancellation by Mohícan cannot be claimed from Mohícan by the Customer. Any liability of Mohícan is limited to the amounts paid by the Customer.
Any cancellation by Mohícan will be communicated via the email address provided by the Customer.

Article 7: Early Termination

Mohícan reserves the right to suspend any services regarding a Customer if it appears that no or incomplete payment has been made, until full payment has been made.
Mohícan reserves the right to terminate any services at any time and without prior notice to remove participants from the Location if the Customer behaves in a manner not expected of a normal, careful Customer or if the Customer violates any regulations set by Mohícan. Examples are given without being exhaustive: incidents such as noise disturbance, intoxication from drinks/narcotics, vandalistic or verbally aggressive behavior, indecent behavior, or repeated non-compliance with any swimming ban.
Mohícan reserves the right to recover any damages it suffers due to early termination from the Customer in question.

Article 8: Price and Payment

During the validity period specified in the Offer, the prices of the services and/or products offered will not increase, except for price changes resulting from specific requests by the Customer, changes in VAT rates, legal provisions, or other regulations.
The price only applies to the services and products specified in the Offer. If the Customer wishes extra services or other products requested before or during the event itself, Mohícan has the right to charge these additional costs.
Payment of the price occurs immediately upon reservation on the Website. In case of late payment, an interest of 9% per year is owed from the due date without prior notice, without prejudice to Mohícan's right to charge an administrative fee of €250.00.

Article 9: Liability

Mohícan cannot be held liable for accidents occurring in any parking area or spaces designated for Customers using Mohícan's services.
Additionally, Mohícan cannot be held liable for any damages arising from accidents that occur during transit to and from, or on the pontoon, as well as at the Location where the event takes place.
Mohícan is not liable for any damages caused by food safety and hygiene issues for which the chef is fully responsible.
Mohícan adheres to the applicable COVID-19 measures. In any case, the Customer and their participants proceed to and at the Location at their own risk and commit to taking the necessary measures to prevent the further spread of the SARS-CoV-2 coronavirus.
In no event can Mohícan be held liable for indirect damages, such as loss of opportunity, reputational damage, damages resulting from car theft, damage to clothing, loss of personal items (e.g., handbag, mobile phone, etc.) in the water, etc.
If Mohícan's liability is nonetheless considered, the total amount for which Mohícan may be held liable, to the extent permitted by applicable law, will be limited to the amounts paid by the Customer for all cases of damage arising from a specific event.
The above limitations or exclusions of liability apply to the extent possible under applicable law and are applicable regardless of the liability regime, including but not limited to contractual liability, liability arising from tort, strict liability, and liability for hidden defects, except in cases of fraud or intentional misconduct by Mohícan.

Article 10: Miscellaneous

The Customer or any participants who cannot swim must notify this in advance when making the reservation.
Swimming at the Location is prohibited at all times. Mohícan does not supervise any swimming activities at the Location, and these are entirely at the risk of the Customer.
Mohícan provides the necessary life jackets. Life jackets are mandatory for all children under twelve (12) years of age. At the request of the Customer or a participant, life jackets can be obtained from Mohícan.
Mohícan reserves the right to refuse to serve any alcoholic beverages if circumstances justify this choice.
The toilet is located on land, and the Customer or their participants must notify the staff of Mohícan.
Mohícan reserves the right to refuse participants if they exceed the number of reservations or if the maximum number of allowed attendees is exceeded.
Mohícan reserves the right to refuse and remove the Customer or their participants if their behavior endangers the health of staff or other guests.
There is a general smoking ban at the location where the event takes place.
It is prohibited at all times to throw food or other objects on the floor or into the water.
If the Customer has specific requests regarding food (vegetarianism, intolerances, allergies, etc.), Mohícan can only accommodate these requests if the Customer informs Mohícan at least 48 hours before the event.
The chef determines the menu in consultation with Mohícan.
The Customer is not allowed to transfer their reservation to any third parties without prior written consent from Mohícan.

Article 11: Intellectual Property Rights

The Offer from Mohícan is protected by intellectual property rights, including but not limited to copyright, trademark rights, design rights, database rights, neighboring rights, and patents. The Customer agrees to respect Mohícan's intellectual property rights.
Reproduction, publication, distribution, copying, or any other use, other than for personal and non-commercial use by the Customer as stated above, is not permitted without prior written consent from Mohícan.
The Customer grants Mohícan unconditional permission for unlimited exploitation and use of contributions (such as but not limited to photos and videos taken during the event) through any media and in any form, for example in television and/or radio programs, telecommunications services, websites, (mobile) applications, internet applications, etc., worldwide and for the duration of the protection of the (intellectual) rights applicable to these contributions, without payment or other consideration. In any case, Mohícan assumes no responsibility in this regard. The Customer indemnifies Mohícan against any claims from third parties concerning the contributions provided by the Customer.

Article 12: Privacy

The collection, processing, and use of personal data via the reservation are subject to Mohícan's privacy and cookie policy.
Mohícan values the protection of the Customer's personal data. Mohícan will only use or process the data in accordance with the General Data Protection Regulation and other relevant applicable regulations.
Mohícan uses personal data to enable the operation of the Website and reservation tool (without data, no valid reservation), for administrative, operational, and billing purposes. Mohícan may share this information with third parties when legally obligated to do so.
Mohícan also reserves the right to use personal data to provide the Customer and participants with informative news about the event, safety instructions, the operations of Mohícan, and offers for new products or services from Mohícan.
Personal data may also be transferred to affiliated companies or partners of Mohícan for marketing purposes, provided they are located within the European Union.
Mohícan has taken all possible legal and technical precautions to prevent unauthorized access and use of personal data.
The Customer has a legal right to supplement, correct, or delete their personal data at any time. The Customer can contact us by sending an email to hello@mohican.be.
When visiting the Website, certain data is collected for statistical purposes. This data includes: IP address (anonymized via ‘Google Analytics IP Anonymizing’), presumed location of consultation, time and date of consultation, and which pages were visited. By visiting the Website, the Customer agrees to this data collection for the purposes mentioned above. The following cookies are active:
- MOHÍCAN
  Necessary for the operation of the website. This cookie stores, among other things, the chosen language, set location, login details, IP address, input search data, made reservations, and browser configuration.
- Google Analytics
  Google Analytics collects anonymous visitor statistics. More information at http://www.google.com/policies...
For further information on the processing of your personal data by Mohícan, please consult the full privacy statement via the link https://www.mohican.be/privacy-cookie-policy.

Article 13: Website

Use of the Website is at your own risk. Mohícan cannot be held liable for any inaccuracies on the Website or links to other websites and any damages resulting from this.
Mohícan is not liable for damages due to breaches or hacking of the Website, provided that Mohícan has taken all reasonable security measures in accordance with the state of the art.
Mohícan is not liable for damages due to phishing, farming, or other forms of internet fraud or other criminal activities.

Article 14: Final Provisions

The invalidity of one or more provisions in these terms does not affect the validity of the remaining provisions. If one or more provisions are invalid or unenforceable, they will be replaced by one or more provisions with equivalent effect.
Customers can direct complaints regarding the services provided or any other complaint to Mohícan via the email address hello@mohican.be. Complaints must be submitted in writing no later than five (5) working days after the event and must be sufficiently substantiated.
All agreements between Mohícan and the Customer to which these general terms apply are exclusively governed by Belgian law. In case of disputes, only the courts of the Ghent district have jurisdiction.
The Dutch version of these general terms is binding and takes precedence if the content of a translated version does not (entirely) correspond or allows for a different interpretation.
Additional or deviating provisions from these general terms may not be to the detriment of the Customer and must be documented in writing in such a way that they can be stored by the Customer on a durable data carrier.