Terms and Conditions
General terms and conditions of the company Christine & Lorenz Stiftl OHG
- I. General
- II. Offer and conclusion of contract
- III. Changes
- IV. Scope of services
- V. Prices, minimum sales
- VI. delivery time
- VII. Withdrawal
- VIII. Payment, default, offsetting
- IX. Retention of title
- X. Complaints
- XI. Obligations of the client
- XII. Liability and transfer of risk
- XIII. written form
- XIV. Partial effectiveness
- XV. Place of jurisdiction
- XVI. Final provisions
In the following terms and conditions, our customers and contractual partners are referred to as "clients", and Christine and Lorenz Stiftl OHG are referred to as "Stiftl company". This should not be used to classify the respective contractual relationships legally. All offers and agreements of the Stiftl company are based on the following conditions; they are recognized by the customer by placing an order or accepting the delivery. This also applies if the Stiftl company does not object to any restrictions made by the client. In addition, the statutory provisions applicable at the time the contract is concluded. General terms and conditions of the customer and other agreements, as well as changes and side agreements are only valid ifinsofar as the Stiftl company agrees to this in writing.
II. Offer and conclusion of contract
II.1 Stiftl's contractual declarations, in particular service offers and any offer acceptances, oblige the Stiftl company only if these are declared in writing. Verbal agreements must be confirmed in writing by Stiftl to be binding. If, despite the written form requirement, the Stiftl company performs services for the client on his verbal instructions without a written contract, the Stiftl company shall be entitled to remuneration in accordance with the offer made, or otherwise in a customary, customary amount.
II.2. If the client is the agent or organizer of a third party (“customer”), both are jointly and severally liable for the fulfillment of the obligations under the contract. By signing the offer from the Stiftl company, the client declares that he is authorized to do so by his customer. The customer is the contractual partner of the Stiftl company and thus the addressee of the invoice.
III.1 The Stiftl company is not obliged to consider requests for changes after the conclusion of the contract, unless the Stiftl company agrees to this in writing. If the Stiftl company complies with the client's change requests, these services will be included in the cost calculation of the contract or
charged to the client after provision in the amount of the customary local remuneration. The client's change requests accepted by Stiftl also apply to the total of the ordered services according to para. 7 of the General Terms and Conditions.
III.2 The Stiftl company reserves the right to make changes to the menu composition in the event that parts of the menu have to be replaced by equivalent food or drinks for reasons for which the Stiftl company is not responsible. The Stiftl company will endeavor to inform the customer in good time and will ensure that the replacement product comes as close as possible to the character of the replaced product.
IV. Scope of services
IV.1 The services of Stiftl include, in particular, all property and services that are necessary to carry out the event / reservation ordered. Unless otherwise agreed, the Stiftl company determines which company will carry out the order. The Stiftl company informs the client if an event / reservation has to be moved to another company due to special circumstances.
IV.2 If the Stiftl company has to make use of third party services based on the wishes of the client, the Stiftl company is entitled to conclude the respective subcontractor contracts in the name and for the account of the client. The Stiftl company will identify these third-party services as part of the offers. The exact object and the associated services result from the contract concluded between the parties. Objects and materials, with the exception of food and beverages, which are necessary for the execution of the order and which are supplied by the Stiftl company, remain the property of the Stiftl company and must be returned to the Stiftl company immediately after the end of the event.Any shortages will be charged to the client after returning and checking the remaining items in accordance with sentence I at replacement prices. If beverages are delivered on a commission basis, they will only be taken back if the containers are neither opened nor damaged. For proof purposes, the customer must provide a corresponding receipt when returning the exact type and scope of the returned item. This receipt is only effective if it is signed by the Stiftl company or a person authorized to sign. Unless otherwise provided in writing by the customer, Stiftl is entitled to dispose of any unconsumed goods after the respective event has been carried out as part of the cleanup.This does not apply to drinks whose containers are neither opened nor damaged.
IV.3 The scope of services specified by the client and confirmed in the offer by signature serves as the basis for invoicing. Increases in the scope of services and beverage sales will be invoiced by the Stiftl company based on the actual effort.
IV.4 If the client reports changes in the number of people by more than 10%:
the Stiftl company is entitled to charge the customer for the damage resulting from the reduction in the number of people.
thus the Stiftl company can demand the full agreed consideration in the event of a reduction in the number of persons.
IV.5 For events that go beyond the agreed time, the Stiftl company charges a service surcharge of € 30.00 per employee employed.
IV.6 The Stiftl company charges a surcharge of € 150.00 per hour or part thereof for events that go beyond the curfew of the respective company.
IV.7 In the event of a significant reduction in the number of people (over 20%), Stiftl reserves the right to choose rooms other than those selected based on the number of people originally specified and to change the placement of the guests. This clause does not apply if a minimum sales agreement with advance payment (see paragraph V) has been agreed for the booked room.
V. Prices, minimum sales
V.1 All prices in the restaurants are in euros, including the statutory value added tax applicable at the time of billing. In the case of external deliveries (catering), the prices are plus the VAT applicable at the time of the invoice. If the period of 120 days between order acceptance and the start of the event is exceeded, the Stiftl company reserves the right to change the price (this does not apply to the minimum turnover for exclusive room bookings).
VI. delivery time
VI.1 The delivery and service dates specified in the respective agreements made are generally binding. However, Stiftl is released from a delivery obligation if it is prevented from fulfilling its obligations by the occurrence of unforeseeable, exceptional circumstances which it was unable to avert despite the reasonable care taken under the circumstances of the incident. This includes, in particular, acts of God such as natural disasters, operational disruptions (e.g. strikes or lockouts), official interventions, energy supply difficulties, delays in the delivery of essential raw materials and goods, etc., provided that the above circumstances make timely and correct delivery or performance impossible.If the Stiftl company is released from the delivery obligation on the basis of the above provisions, any claims for damages derived from the client shall not apply. Cancellation rights also lapse. However, Stiftl can only invoke the above-mentioned circumstances if it notifies the client immediately after the circumstances have arisen. Notwithstanding this, the customer is obliged to reimburse all costs necessary for the execution of the order, which have arisen up to the time when the Stiftl company is released from the service in accordance with the above regulation. The Stiftl company is committed to minimizing costs.However, Stiftl can only invoke the above-mentioned circumstances if it notifies the client immediately after the circumstances have arisen. Notwithstanding this, the client is obliged to reimburse all costs necessary for the execution of the order, which have arisen up to the time when the Stiftl company is released from the service in accordance with the above regulation. The Stiftl company is committed to minimizing costs.However, Stiftl can only invoke the above-mentioned circumstances if it notifies the client immediately after the circumstances have arisen. Notwithstanding this, the customer is obliged to reimburse all costs necessary for the execution of the order, which have arisen up to the time when the Stiftl company is released from the service in accordance with the above regulation. The Stiftl company is committed to minimizing costs.to minimize costs.to minimize costs.
VII.1 With the confirmation of reservation by the Stiftl company or with the conclusion of an event contract, the customer will:
the sum of the services that result from the cost calculation of the Stiftl company on which the event is based or from the services ordered by the client,
billed at a flat rate.
VII.2 The Stiftl company is entitled at any time to request an advance payment from the client for the services ordered by invoice with VAT. If this advance payment has not been received within the period set by the Stiftl company, the Stiftl company is entitled to withdraw from the contract. The Stiftl company is also entitled to withdraw from the contract if there are legitimate doubts as to whether the client will meet its payment obligations in good time and in full. There are justified doubts in particular if
If the Stiftl company has legitimate doubts, the Stiftl company will inform the client without culpable hesitation. If the client refutes the negative creditworthiness or the debtor card entries or if the client then pays the advance charged by the Stiftl company within 3 calendar days and at least 3 calendar days before the start of the event without reservation in advance, the Stiftl company no longer has a right of withdrawal for this reason to.
VII.3 In all cases of withdrawal from the Stiftl company, the latter is entitled to either the same amounts as for the withdrawal from the client in accordance with the above cancellation scale in accordance with section VII.1.1 or the agreed minimum turnover according to para. VII.1.2 or to demand specific damage from the client. In all cases, the client reserves the right to prove less damage to the Stiftl company.
Other claims of the Stiftl company for compensation remain unaffected by this regulation.
VII.4 Without prejudice to previous regulations, the Stiftl company can invoice the customer for goods, materials and personnel services that were purchased specifically for the events in question and which the Stiftl company cannot use for other purposes.
VII.5 If the client does not exercise his right of withdrawal, the contract remains effective, with the result that the customer has to pay the agreed consideration even if he does not use the ordered deliveries and services (see also Section VII. 1.1). The consideration also includes reasonable compensation for lost food and beverage sales.
VIII. Payment, default, offsetting
VIII.1 The Stiftl company reserves the right to
to be requested as advance payment. If the Stiftl company makes use of this right and if this advance payment has not been received in accordance with the payment deadline communicated in writing after receipt of a corresponding request to the client, but no later than 14 days before the event, the Stiftl company is obliged to withdraw from the contract and to claim damages Justification for non-performance. The date and name of the event must be stated in the payment order.
VIII.2 The open balance of the final invoice is due immediately without deduction after receipt of the invoice or up to the set payment date. Corresponding pre-invoices for the event will be charged.
In the event of late payment, interest of 9% per year will be charged. The assertion of further damage remains unaffected. Offsetting against counterclaims of the client or third parties is excluded, unless the claims are undisputed or legally established.
VIII.3 Billing abroad is only possible after prior agreement with the Stiftl company.
IX. Retention of title
IX.1 The Stiftl company reserves ownership of the goods until all payments from the business relationship (the existing current account relationship) have been received with the client; the reservation relates to the recognized balance and the goods delivered. If the client behaves contrary to the contract, especially in the event of late payment, Stiftl is entitled to take back the goods. The return of the goods by the Stiftl company does not constitute a withdrawal from the contract, unless the Stiftl company has expressly declared this in writing.
After taking back the goods, the Stiftl company is authorized to use them. The proceeds from the sale are to be offset against the liabilities of the client - less reasonable costs of sale.
IX.2 The customer is obliged to treat the goods with care until payment of the full invoice amount, in particular he is obliged to adequately repair them at their own cost against damage from storage, breakage, transport, theft, water and fire assure. If maintenance and inspection work is required, the client must carry this out in good time at his own expense.
X.1 Complaints must first be communicated verbally to the operating company of the event or to the event managers in concrete form. Hidden defects in delivered goods and the services of the Stiftl company are to be communicated to the event manager or the Stiftl company in writing immediately orally or by telephone, but no later than one day after the discovery. Insofar as the client does not meet his notification obligation on time and therefore the defects cannot be remedied in time during or by the end of the event, the client's appeal to claims based on the identified defects is excluded. Claims of the client due to the assumption of a guarantee can only be asserted against the Stiftl company ifif the acceptance of the guarantee is expressly designated as such by the Stiftl company in the contract or otherwise in writing.
XI. Obligations of the client
XI.1 The bringing in of food and beverages as well as other services by the client, which normally belong to the scope of a full-service organizer, is only permitted after a separate written agreement. The Stiftl company can make their consent dependent on an appropriate contribution by the customer to cover the overhead costs (e.g. cork or plate money).
XI.2 The exhibition or other items brought along must be removed immediately after the end of the event. If the client fails to do this, the Stiftl company is entitled to remove and store them at the customer's expense. If the objects remain in the event room, the Stiftl company can charge room rental for the duration of the stay. The customer reserves the right to prove less damage, the Stiftl company reserves the right to prove higher damage.
XI.3 The Stiftl company assures that the premises are in accordance with the regulations for the organization of events. The client is responsible for complying with public law regulations and obtaining any necessary permits that relate to the implementation of the specific event.
XI.4 Advertising measures by the client outside of the rented premises are not permitted. In particular, it is not permitted to attach signs or the like to walls and ceilings. It is possible to put up signs for the event after consultation with the Stiftl company.
XI.5 If the client provides the decoration with the approval of the Stiftl company, the decoration material used must comply with the fire police requirements. The Stiftl company is entitled to request official proof of this. To avoid damage, the attachment and installation must be agreed with the Stiftl company beforehand.
XI.6 The event agreement includes the basic cleaning of the event rooms and the disposal of common waste from the event. The disposal of its type or quantity after extraordinary waste is invoiced separately by the Stiftl company. The same applies to unusual soiling of the event room.
XII. Liability and transfer of risk
XII.1 The customer must carefully check the goods immediately upon delivery. In the event of any complaints, section. IX. With acceptance of the delivery or in-kind benefits in accordance with para. IV. Of these conditions by the client, the risk of loss, damage, reduction and deterioration as well as consequential damage passes to the client. A liability of the Stiftl company for loss, direct and indirect property and pecuniary damage as well as consequential damage is excluded, unless this is caused by gross negligence or intent by the Stiftl company or a vicarious agent of the Stiftl company.
When the Stiftl company builds up tents, pagodas or similar facilities / buildings for catering or for other purposes of the event, which must be attached to the ground outside the Stiftl company premises or on concrete or paving stone, the client undertakes: Before the start of construction, hand over a plan to the Stiftl company, from which you can see the exact routing of the earth lines and their depth. If such a plan is not handed over, the client tacitly consents to the start of work in the event of damage at his expense. The client is advised that with solid surfaces such. B. in composite stone paving holes are often required to attach the tents and that this can damage the surface.The restoration of such surfaces is at the expense of the customer.
The client who operates or has pyroeffects, dry ice effects or the like in the rooms of the Stiftl company and therefore has z. B. triggers fire alarm, is liable for the resulting costs, in particular the authorities and fire brigade or the police and law enforcement agencies. The client releases Stiftl from the claimants because of these claims for reimbursement of costs. The client also releases the Stiftl company from other claims by third parties that are raised against the Stiftl company by third parties in connection with the client's event.
XII.2 The client is liable for all damages caused by the event of the client or by the participants of the client's event to the event location, even if it cannot be clarified in detail which participants caused the damage. Damage within the meaning of this regulation is damage to the structure including supply lines, the facility and all objects used for the event. If the client has a claim against a third party, for example against insurance, due to a loss event, the client assigns the claim to the Stiftl company. The Stiftl company accepts the assignment.
XII.3 The Stiftl company can require the client to provide adequate security (e.g. insurance, security deposit, sureties).
XII.4 If the client or a participant of the event takes food and drink that they have not consumed at their own request, Stiftl assumes no liability for damage caused by improper storage, transport, hygienic treatment or other improper handling and / or delayed consumption .
XII.5 The liability of Stiftl for contractual breach of duty and tort is limited to intent and gross negligence. This does not apply in the event of injury to life, limb, health of the client and claims due to the violation of cardinal duties (ie duties that arise from the nature of the contract and the violation of which jeopardizes the achievement of the contractual purpose). In this respect, the Stiftl company is liable for any degree of fault. Liability in the event of a breach of essential contractual obligations is limited to the regularly foreseeable damage.
XIII. written form
XIII.1 Changes or additions as well as the abolition of individual provisions of these contractual conditions must be made in writing to be binding. The cancellation of the written form requirement also requires the written form.
XIV. Partial effectiveness
XIV.1 In the event of the invalidity of individual contractual provisions or independent parts of individual provisions, the effectiveness of the remaining contractual provisions or the remaining parts of provisions remains unaffected. In place of the ineffective contractual provisions or parts of individual provisions, there are economically comparable provisions that are comparable to the interests of the respective party, otherwise the statutory provisions.
XV. Place of jurisdiction
XV.1 As far as legally permissible, the place of jurisdiction for all legal disputes arising from this contractual relationship, as well as its occurrence and effectiveness, is Munich.
XV.2 If the contractual partner is a merchant, a legal person under public law or a special fund under public law, if he has no general place of jurisdiction in Germany or if his place of residence or habitual residence is not known at the time the action is filed, the exclusive place of jurisdiction for all disputes is from and in connection with the contractual relationship Munich. In addition, the Stiftl company is entitled to sue in the court responsible for the customer's registered office.
XVI. Final provisions
XVI.1 The contractual relationship is subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG).