General Terms and Conditions
Area of application
The general terms and conditions are valid for all our deliveries and services on grounds of contractual relations whereby the place of delivery is irrelevant. With consenting to the contract and confirming the placed order, the client explicitly accepts the general terms and conditions.
Diverging conditions of the client are not binding as long as we do not consent to them in written form.
II. Offer, conclusion and change of contract
Offers made orally or on the phone are only valid if we immediately confirm them in writing.
We are bound to our offers for the stated commitment period and the set option date is valid, respectively. All changes to the services to be rendered by us must be confirmed in written form.
III. Prices and quotation
All prices are subject to change without notice and do not include VAT. Any deviating information must be marked accordingly.
Unit prices indicated in the offers are calculated based on the total scope of services of the respective offer. Changes in the scope of services, in the number of participants attending the event and other service characteristics require a recalculation of unit prices.
IV. Delivery times and dates
The dates agreed for delivery shall be binding. If the agreed start and end times are postponed at the customer’s request, we shall be authorized to invoice the additional costs incurred.
We shall not be liable for interruptions in the course of events due to force majeure or in the event of strikes, natural disasters, lockouts, acts of violence or interruptions to events for which we are not responsible. The customer shall only be allowed to withdraw from the contract if the prerequisites for the abolition of the business basis according to § 313 BGB (German Civil Code) are met.
V. Transport costs
The price for transportation of food, drink and equipment deliveries is contingent upon expense and amount and is declared separately. All further services such as setup, removal, site clearance, etc. are listed separately as well.
Exceptions therefrom are lump sums, accordingly marked, which include transport, setup, removal and all further logistics services. This must be stated clearly in the service description.
If the client cancels booked and commissioned services or parts of already booked or commissioned services up to 14 days prior to the scheduled event, we are entitled to retain 50% of the estimated costs as cancellation a fee. In case of a cancellation up to 7 days prior to the event, the cancellation fee is raised to 70% of the estimated costs. A cancellation from 6 days prior to the scheduled event on will result in a cancellation fee of 100% of the estimated costs.
The definitive time for the abovementioned cancellation periods is the receipt of the written cancellation notice by us. The deduction of saved expenses is already taken into account in the cancellation fees according to § VII (1).
Furthermore, we are entitled to withdraw from the contract on our part if there is reasonable cause to assume that the event may jeopardize the smooth business operations, the security or the reputation of our company. In this case, the client has no claim for compensation.
VII. Terms and payment
With the placing of an order, but not later than 14 days prior to the scheduled event, we are entitled to charge 50% of the calculated costs as prepayment. The remaining amount will be invoiced after the event, taking into account any goods to be billed. Prepayment as well as the final invoice are due within 10 days after issuing the invoice. If the client is in default of payment, we are entitled to charge dunning costs as well as default interest in the amount of 8% over the prime rate of the Deutsche Bundesbank. We reserve the right to assert any further damages.
VIII. Liability and damages
The client shall be liable for any damage to buildings, furniture and/or fixtures caused by participators of the event. We are not liable for damages caused by third parties.
X. Right of retention, contract purpose, return of rental objects
We exclude the assertion of retention rights for material made available to us by way of loan or by way of lease. The client is only permitted to use rental objects at the agreed place fort he agreed purpose. The client is obliged to the return of rental object within the agreed rental period. Otherwise the client covers the full replacement cost. Shortfalls of rented equipment, technical devices and furniture are invoiced with the respective replacement costs.
XI. Consumer protection
We are prepared to settle disputes with consumers over catering, catering and event services and to participate in a dispute resolution procedure before a consumer arbitration board. The competent consumer conciliation body is:
General Consumer Arbitration Board of the Centre for Arbitration e. V.
Strasbourg Straße 8
77694 Kehl am Rhine
In order to settle these disputes, we will participate in a dispute settlement procedure before this body.
The laws of the Federal Republic of Germany shall apply. Court of jurisdiction is Berlin. If individual conditions or provisions of this contract should be or become invalid, then this shall not affect the effectiveness of the other provisions. The same shall apply in the event of any missing provision.
Lebenswelten Restaurations GmbH
Turmstrasse 21 – Haus A – EG
Berlin, November 2017