These business conditions are required by German law. The content has been automatically translated by use of https://www.deepl.com. The German original version is the legally binding version.
Terms and conditions for catering services
Blond Gastro- und Veranstaltungs GmbH
as of July 1th, 2023.
§ 1 Scope
(1) These "Terms and Conditions for Gastronomic Services" shall apply to companies, persons acting in a commercial capacity, legal entities under public law or special funds under public law (hereinafter referred to as "entrepreneurs") in the respective current version, also for all future contractual relationships. Additional or contradictory contractual terms and conditions of our customers shall only apply if Blond Gastro- und Veranstaltungs GmbH (hereinafter also referred to as Blond) has expressly acknowledged them in writing. If deviating agreements are made with the contractual partner in the catering or gastronomy contract, these agreements always take precedence over the corresponding regulation within these terms and conditions.
2. orders placed by customers with reference to their terms and conditions of business shall in no case lead to the application of deviating or contradictory terms and conditions of business, even if Blond does not refer to this again separately in the course of the execution of the contract.
§ 2 Offer and conclusion of contract
Offers of Blond Gastro- und Veranstaltungs GmbH for the provision of gastronomic services are subject to change and non-binding even if they are signed. If the renter (hereinafter also referred to as the customer) places an order in response to an offer that is subject to change, only this is an offer to conclude the contract in the legal sense. The acceptance of an offer to conclude a contract by Blond can take up to three weeks. The acceptance of an offer is also possible implicitly without compliance with the written form by providing the service.
2. offers of Blond Gastro- und Veranstaltungs GmbH for the performance of planned and advertised performances are non-binding and can be cancelled at any time without giving reasons. This applies in particular if an economically justifiable number of participants is not reached. In case of participation of less than 5 persons, such an offer will be cancelled in any case.
2. 10 working days before the start of the event at the latest, the customer must inform us in writing of the exact number of participants. The information is binding and can be modified up to 5 working days before the start of the event at the latest in agreement with Blond Gastro- und Veranstaltungs GmbH by a maximum of 5% of the originally stated number of persons.
3. in the interest of quality and with regard to the guidelines of the food hygiene regulation, the standing time of buffets is limited to a maximum of three hours. If the order is required over a longer period of time, the customer can distribute the total quantity over different order times after consultation with Blond.
§ 3 Liability for loss or damage
No liability is assumed for loss of or damage to items brought in by the customer and his guests, unless a custody agreement is concluded for a fee or the damage is based on grossly negligent or intentional behavior of Blond Gastro- und Veranstaltungs GmbH or its vicarious agents or assistants.
§ 4 Preise und Zahlung
(1) Billing shall be based on the number of participants specified by the customer and subsequently modified if necessary, or on the binding quantities ordered.
2. cold drinks shall be invoiced on the basis of actual consumption, unless binding quantities or flat rates have been expressly agreed. 3.
3. if the customer wishes a limit for the serving of beverages, this must be stated in writing in the order or at the latest upon acceptance of the offer.
4. all prices are in principle exclusive of statutory value-added tax, unless an inclusive price is expressly agreed, in which the statutory value-added tax is already included.
Unless otherwise stated, Blond shall be bound by the prices contained in its offer for 14 days from the date thereof. Additional deliveries and services will be invoiced separately.
6. the invoice amount is to be paid net without deductions no later than 14 days after receipt of the invoice. The customer is in default of payment at the latest 30 days after receipt of the invoice. Interest on arrears shall amount to eight percentage points above the interest rate of the European Central Bank for main refinancing transactions for commercial customers in accordance with § 288 II BGB (German Civil Code), and five percentage points above this base interest rate for consumers. The right to assert higher interest for another legal reason as well as the assertion of further damage caused by default shall remain unaffected by this.
Blond Gastro- und Veranstaltungs GmbH is entitled, despite any provision of the customer to the contrary, to first offset payments against the customer's older debt; Blond Gastro- und Veranstaltungs GmbH will inform the customer about the offsetting that has taken place. If costs and interest have already been incurred, Blond Gastro- und Veranstaltungs GmbH shall be entitled to offset payments first against the costs, then against the interest and finally against the main claim.
If agreed terms of payment are not met or facts become known that indicate a significant deterioration of the customer's financial situation, Blond Gastro- und Veranstaltungs GmbH shall be entitled to make the entire existing remaining debt immediately due and payable and to make further services dependent on an advance payment.
If the customer is not also the organizer, both shall be liable as joint and several debtors. If the invoice recipient is not identical with the customer, the customer must submit a binding declaration of the invoice recipient about the assumption of costs.
§ 5 Collateral
Blond Gastro- und Veranstaltungs GmbH is entitled to demand an advance payment of up to 100% of the order amount from the customer. Advance payments are due at the latest 14 days before the event.
If Blond Gastro- und Veranstaltungs GmbH demands an advance payment from the customer within a certain period of time, the acceptance of the order is subject to the condition precedent of payment in due time.
3. instead of the advance payment, the customer may also arrange for the security deposit to be made by means of a direct debit authorization from a deposited credit card account for an order volume of up to EUR 1,000.
§ 6 Lump-sum remuneration entitlement
If the customer cancels the contract or if the event is not held, Blond Gastro- und Veranstaltungs GmbH may demand the following lump-sum compensation for the services rendered and expenses incurred until the cancellation: - Cancellation up to the 15th day before the start of the event: 50% of the order value - Cancellation from the 14th day before the start of the event: 100% of the order value.
2. the customer has the right to prove that Blond has not incurred any damages or that damages have not been incurred in this amount.
§ 7 Performance and fulfillment obligations, preclusion period for notification of defects, prohibition of assignment
(1) Blond Gastro- und Veranstaltungs GmbH shall not be responsible for delays in delivery and performance due to force majeure and due to events that make it significantly more difficult or impossible for Blond Gastro- und Veranstaltungs GmbH to provide its service, including in particular strikes, lockouts, official orders, even if they occur at suppliers or sub-suppliers, even in the case of bindingly agreed deadlines.
The customer must notify Blond of any obvious defects in the service orally without delay and in writing within 2 weeks at the latest. Delayed notification of defects will lead to the exclusion of Blond's warranty and liability.
Claims against Blond Gastro- und Veranstaltungs GmbH are not assignable if the customer is an entrepreneur.
§8 Data collection, processing and use
For the fulfillment of the contractually agreed business purposes, the collection, processing and use of the personal data transmitted to Blond is carried out in compliance with the provisions of data protection law.
§ 9 Liability
(1) Blond's liability for simple negligence is excluded unless essential contractual obligations are violated.
2. in the event of a breach of essential contractual obligations, Blond's liability for damages in cases of simple negligence shall be limited to the direct average damage that is foreseeable and typical for the type of agreement.
(3) Insofar as liability is excluded or limited according to these provisions, this shall also apply to the vicarious agents and assistants of Blond Gastro- und Veranstaltungs GmbH.
4. the aforementioned liability exclusions and limitations shall not apply in the event of culpable injury to life, body or health of persons, in the event of the assurance of properties and in the event of statutory liability according to the product liability act.
§ 10 Final Provisions and Place of Jurisdiction
(1) The contractual relationship shall be governed exclusively by German law.
(2) Insofar as the Client is an entrepreneur within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, Berlin shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. In the event that the local court has jurisdiction over the subject matter, the local court of Berlin Charlottenburg shall have jurisdiction.
Should individual clauses of these General Terms and Conditions of Contract be or become invalid, this shall not affect the validity of the remaining provisions of the contract. In this case, the invalid provision shall be supplemented or amended in such a way that the purpose intended by it is achieved.