I. 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 non-binding and include value-added tax. If differing from this, quotations must be indicated by us 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
- Agreed dates are valid for the delivery. If changes to the agreed starting and ending times for are made at the request of the client, we are entitled to bring to account the accruing additional costs.
- We cannot be held liable for delays in delivery and service due to “force majeure” circumstances or events that substantially impede or make delivery impossible, including the case of strikes, natural catastrophes, lockouts, outrages and impediments to delivery that we are not responsible for. The client has the right to withdraw from the contract only if the prerequisites for a frustration of purpose pursuant to § 313 of the German Civil Code (BGB) are present. Further claims, especially refunds for expenditures or damages cannot be made.
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.
VI. Cancellations and countermands
- 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 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 receipt of the cancellation declaration in written form constitutes the date relevant for complying with the cancellation deadlines stated above. The deduction of saved expenses is already taken into account in the cancellation fees according to § VII (1).
- Further, 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 sum will be charged following the event in consideration of consumer goods possibly to be calculated.
- 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 entitled to charge dunning costs as well as default interest in the amount of 8% over the prime rate of the German Federal Bank.
- 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.
VIIII. 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.
- The law 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 - Großbeerenstraße 60 - 10965 Berlin