Terms and Conditions
§ 1. GENERAL PROVISIONS / SCOPE OF APPLICATION
1.1 These General Terms and Conditions apply to event agreements concluded between GOOSE Gourmet GmbH and the client or lessee (hereinafter referred to as the "Customer") as well as to the associated catering services provided by GOOSE Gourmet GmbH and any subsequent legal disputes arising therefrom. We hereby object to any deviating terms and conditions of our Customers.
1.2 Our General Terms and Conditions also apply to all future business transactions with the Customer until new General Terms and Conditions are announced.
§ 2 PRICES / ACCEPTANCE OF ORDERS
2.1 All prices are net prices and are stated in Euro exclusive of the applicable value added tax.
2.2 We reserve the right to increase our prices reasonably if there are at least 4 months between the conclusion of the contract and the date of the event and if cost increases occur after the conclusion of the contract, particularly due to collective wage agreements or increases in material prices. We will provide proof of these increases to the Customer upon request. In the event of substantial price increases, the Customer has the right to withdraw from the contract.
2.3 All offers remain nonbinding until the order is accepted.
2.4 Acceptance of an offer can only be effected by the signature of the Customer or their authorized representative.
§ 3 NUMBER OF PARTICIPANTS AND CHANGES
The binding number of participants must be communicated in writing no later than 14 calendar days before the start of the event. A reduction in the number of participants by up to 25 percent of the originally reported number of guests is possible free of charge up to 7 calendar days before the start of the event. Reductions exceeding this 25 percent or made after this deadline will be charged in accordance with the cancellation conditions in Section 9. The number of guests on which the calculation is based can be reduced once by up to 10 percent with a corresponding price adjustment. For the calculation of the deadline, the time at which the request for reduction is received by GOOSE Gourmet GmbH is decisive. Any subsequent reduction in the number of guests on which the calculation is based will be charged in accordance with Section 9 "Termination / Withdrawal".
§ 4 OTHER SERVICES
GOOSE Gourmet GmbH does not commission artists, guest transfers, or rent rooms on behalf of the Customer. This must be done by the Customer themselves. GOOSE Gourmet GmbH is happy to provide contact details.
§ 5 COLLECTION AND AUTHORITY TO ISSUE INSTRUCTIONS
5.1 If the Customer wishes GOOSE Gourmet GmbH to invoice the guests of the Customer directly, this requires an explicit agreement.
5.2 GOOSE Gourmet GmbH alone has the authority to issue instructions to the staff it provides.
§ 6 SUPPLY SHORTAGES
If ingredients, food, beverages, or equipment items are not available at reasonable prices at the time of the event, GOOSE Gourmet GmbH is entitled to deliver comparable, equivalent ingredients, food, beverages, or equipment items instead, provided this is reasonable for the Customer.
§ 7 COMPLAINTS
Entrepreneurs must report obvious defects immediately after delivery of the goods, and hidden defects immediately after discovery, but no later than within 24 hours. Otherwise, they lose their warranty rights.
§ 8 RETENTION OF TITLE
All food, beverages, and consumables delivered to the Customer remain the property of GOOSE Gourmet GmbH until final payment of the invoice.
§ 9 CANCELLATIONS
9.1 The Customer may cancel the contract. GOOSE Gourmet is entitled to compensation for services already rendered, goods ordered, and service providers commissioned. The following regulations apply to cancellations:
Up to 60 working days before the start of the event: 0 percent of the offer
Up to 40 working days: 25 percent of the offer
Up to 7 working days: 70 percent of the offer
Up to 3 working days: 100 percent of the offer If the confirmed event is postponed instead of cancelled, GOOSE Gourmet GmbH has the option to claim the following flat rates from the Customer instead of a specifically calculated compensation claim.
9.2 GOOSE Gourmet GmbH is entitled to a right of withdrawal or termination for good cause if a) the agreed deposit payment is not received on time and a reminder with a deadline has been issued, or b) deliveries and services were ordered under misleading or false statements of material facts, for example regarding the identity of the organizer or the purpose of the event, or c) GOOSE Gourmet GmbH has reasonable cause to believe that the use of its deliveries and services may endanger the safety or public reputation of GOOSE Gourmet GmbH and its employees.
9.3 If GOOSE Gourmet GmbH exercises a right of withdrawal or terminates the contract for a good cause attributable to the Customer, it retains the right to invoice in accordance with the above cancellation rules.
§ 10 DATES AND DEADLINES
Delays caused by short notice changes to the schedule by the Customer cannot be attributed to GOOSE Gourmet.
§ 11 SET OFF
The Customer may only set off claims that have been legally established or recognized by GOOSE Gourmet GmbH.
§ 12 CLAIMS OF THIRD PARTIES AND FINES
The Customer indemnifies GOOSE Gourmet GmbH against all claims of third parties and fines related to the event, insofar as these are the responsibility of the Customer, their vicarious agents, or their guests.
§ 13 LIMITATION OF LIABILITY
GOOSE Gourmet GmbH is not liable in the event of slight negligence by its representatives or vicarious agents. However, if GOOSE Gourmet GmbH breaches material contractual obligations, thereby endangering the achievement of the purpose of the contract, liability in the event of slight negligence is limited to the foreseeable damage typical for the contract. The preceding limitations and exclusions of liability do not apply in the event of injury to life, body, or health.
§ 14 GEMA
The timely registration of works subject to GEMA with GEMA as well as the timely payment of GEMA fees are the sole obligations of the Customer. GOOSE Gourmet GmbH may request written proof from the Customer well in advance of the event showing that the event has been registered with GEMA and that the GEMA fees have been paid. If the Customer is unable or unwilling to provide the aforementioned proof, GOOSE Gourmet GmbH may demand a security deposit from the Customer in the amount of the expected GEMA fees.
§ 15 PLACE OF JURISDICTION, CHOICE OF LAW
If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is Frankfurt am Main and the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.