GENERAL TERMS AND CONDITIONS
Finkbeiner Gastronomiebetriebe GmbH & Co. KG
Café in the New Castle Meersburg
1. scope of application
1.1 These terms and conditions apply to all services and deliveries of Finkbeiner Gastronomiebetriebe GmbH & Co. KG, in particular also catering and event services.
1.2 Any provisions deviating from these General Terms and Conditions of Business apply only in the event of written confirmation by Finkbeiner Gastronomiebetriebe GmbH & Co. KG.
2. Offer, Conclusion of Contract, Written Form
2.1 Presentations by Finkbeiner Gastronomiebetriebe GmbH & Co. KG, especially on the Internet or in advertising brochures, do not constitute a binding offer by Finkbeiner Gastronomiebetriebe GmbH & Co. KG.
2.2 A contract is concluded by acceptance of the customer's application by Finkbeiner Gastronomiebetriebe GmbH & Co. KG.
2.3 Event contracts come into effect when an offer made by Finkbeiner Gastronomiebetriebe GmbH & Co. KG is accepted in writing by the customer.
3. Joint and several liability
If a third party concludes a contract for a guest or a customer or if the customer uses a third party for the organization or execution of an event, the guest and the third party or the customer and the third party are liable as joint and several debtors.
4. prices
4.1 The prices include the statutory value added tax.
4.2 Invoices of Finkbeiner Gastronomiebetriebe GmbH & Co. KG are payable immediately upon receipt without deduction.
4.3 Finkbeiner Gastronomiebetriebe GmbH & Co. KG is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payments and their due date can be agreed upon in writing in the contract. Finkbeiner Gastronomiebetriebe GmbH & Co. KG is furthermore entitled to make claims accrued during the term of the contract due at any time by issuing interim invoices and to demand immediate payment.
Until payment of the advance, the security deposit or the due interim invoice, Finkbeiner Gastronomiebetriebe GmbH & Co. KG has the right to refuse performance.
5 Special Provisions for Events
5.1 The subletting and reletting of rooms, showcases, etc. provided by Finkbeiner Gastronomiebetriebe GmbH & Co. KG to third parties as well as changes to the agreed type of event require the prior written consent of Finkbeiner Gastronomiebetriebe GmbH & Co. KG.
5.2 The customer has to obtain the necessary official permits for his event in due time at his own expense. He is responsible for compliance with public law requirements and other regulations. Any fees payable to third parties, in particular GEMA fees, shall be paid directly to the creditor.
5.3 The installation of decorations or other materials requires the prior written consent of Finkbeiner Gastronomiebetriebe GmbH & Co. KG. The decoration materials must comply with the requirements of the fire police. Upon request, the customer must provide Finkbeiner Gastronomiebetriebe GmbH & Co. KG the corresponding proof. The customer is solely responsible for ensuring that the fire prevention requirements are met.
5.4 Any decoration material brought by the customer himself must be collected by the customer no later than 72 hours after the event. After that, Finkbeiner Gastronomiebetriebe GmbH & Co. KG is entitled to dispose of it at the expense of the customer.
5.5 The customer must inform Finkbeiner Gastronomiebetriebe GmbH & Co. KG of the final number of participants no later than 5 days before the day of the event. Otherwise, the contractually agreed number of participants shall apply. If fewer participants arrive than agreed, the customer must make payment according to the agreed number of participants - minus any expenses saved by Finkbeiner Gastronomiebetriebe GmbH & Co. KG. If there are more participants than agreed, the customer will be invoiced according to the actual number of participants by Finkbeiner Gastronomiebetriebe GmbH & Co. KG will invoice.
5.6 The contracting partner may bring food and beverages to events only by written agreement with Finkbeiner Gastronomiebetriebe GmbH & Co. KG. In such cases, Finkbeiner Gastronomiebetriebe GmbH & Co. KG may charge a reasonable service fee to cover overhead costs.
6. special provisions for catering
6.1 Finkbeiner Gastronomiebetriebe GmbH & Co. KG offers catering.
6.2 The catering order must be placed in writing at least 10 days in advance. Should the number of persons change, the customer shall inform Finkbeiner Gastronomiebetriebe GmbH KG immediately, at the latest 7 days before the delivery date.
6.3 Free cancellation is possible up to 10 days before the delivery date.
6.4 All supplied equipment, containers, plates, cutlery, etc. are the property of Finkbeiner Gastronomiebetriebe GmbH & Co. KG. The equipment shall be recorded in full in an equipment list which the customer shall check upon receipt and confirm its correctness or correct it if necessary.
The equipment may only be used for the agreed purpose and at the agreed location.
Missing or damaged items will be charged to the customer at replacement value.
For high-value equipment, Finkbeiner Gastronomiebetriebe GmbH & Co. KG may charge an appropriate rental fee, which will be agreed upon individually and shown separately in the price calculation.
The equipment provided is to be made available for collection by the organizer at the agreed date after the end of the event.
6.5 If products offered are not available due to seasonal reasons or if Finkbeiner Gastronomiebetriebe GmbH & Co. KG cannot be supplied by its suppliers in the required quantity or quality, Finkbeiner Gastronomiebetriebe GmbH & Co. KG reserves the right to make minor changes to the food/beverages offered by replacing these products with equivalent goods.
6.6 Services of service staff, buffet staff, kitchen staff, set-up and dismantling staff, cleaning staff, technicians, hostesses, assistants will be agreed upon separately; they will be charged on an hourly basis.
7. right of withdrawal of Finkbeiner Gastronomiebetriebe GmbH & Co. KG
Finkbeiner Gastronomiebetriebe GmbH & Co. KG is entitled to withdraw from contracts if
a) Force majeure or other circumstances beyond the control of Finkbeiner Gastronomiebetriebe GmbH & Co. KG are not responsible make the fulfillment of the contract impossible or unreasonably difficult,
b) the performance of the contract may have a lasting adverse effect on the business operations, safety or reputation of Finkbeiner Gastronomiebetriebe GmbH & Co. KG, insofar as this is not the fault of Finkbeiner Gastronomiebetriebe GmbH & Co. KG and occurred after conclusion of the contract or became known to Finkbeiner Gastronomiebetriebe GmbH & Co. KG has become aware of.
8. Liability of Finkbeiner Gastronomiebetriebe GmbH & Co. KG
8.1 In the event of malfunctions or defects in the goods or services provided by Finkbeiner Gastronomiebetriebe GmbH & Co. KG, Finkbeiner Gastronomiebetriebe GmbH & Co. KG will endeavor to remedy the situation upon immediate complaint by the contracting partner.
If the contracting partner culpably fails to notify an obvious defect to Finkbeiner Gastronomiebetriebe GmbH & Co. KG within a period of two weeks, a claim for reduction of the contractually agreed remuneration is excluded. The contractual partner is also not entitled to withdraw from the contract. All statutory duties of the contractual partner to give notice, to inspect and to give notice of defects shall remain unaffected.
8.2 Finkbeiner Gastronomiebetriebe GmbH & Co. KG is liable for other damages caused by slight negligence only if these are due to the violation of an essential contractual obligation or a cardinal obligation in a way that endangers the purpose of the contract. In such cases, liability shall be limited to the foreseeable damage typical for the contract.
8.3 The above limitations of liability do not apply to the liability of Finkbeiner Gastronomiebetriebe GmbH & Co. KG due to intentional conduct or gross negligence, for guaranteed characteristics, due to injury to life, body or health or according to the Product Liability Act.
9. final provisions
9.1 German law shall apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
9.2 If the guest or customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from and in connection with deliveries and services of Finkbeiner Gastronomiebetriebe GmbH & Co. KG in Freudenstadt.
9.3 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
Finkbeiner Gastronomiebetriebe GmbH & Co. KG
Café in the New Castle Meersburg
(Status June 2012)