- I. General
- II. Offer and conclusion of contract
- III. Changes
- IV. Scope of services
- V. Prices, minimum sales
- VI. delivery time
- VII. Rücktritt
- VIII. Payment, default, offsetting
- IX. Retention of title
- X. Complaints
- XI. Obligations of the client
- XII. Liability and transfer of risk
- XIII. The written form
- XIV. Partial effectiveness
- XV. Place of jurisdiction
- XVI. Schlussbestimmungen
In the following terms and conditions, our customers and contractual partners are referred to as “clients”, and Stiftl Gastronomie GmbH, Tal 15, 80331 Munich as “Firma Stiftl”. A legal classification of the respective contractual relationships is not intended. All offers and agreements by the Stiftl company are based on the following conditions; they are recognized by the client 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 existing at the time the contract was concluded apply. General terms and conditions of the client and other agreements, as well as changes and ancillary agreements are only valid if the Stiftl company declares its consent in writing.
II. Offer and conclusion of contract
II.1 Contractual declarations by the company Stiftl, in particular service offers and possible acceptance of offers, only oblige the company Stiftl if they are declared in writing. Oral agreements require written confirmation by the Stiftl company to be binding. If, in spite of the requirement of the written form, the company Stiftl performs services for the client on its verbal instruction, without a written contract, the company Stiftl shall be entitled to remuneration in accordance with the offer made or otherwise in the local, reasonable 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 Stiftl, the client declares that he is authorized to do so by his customer. The contractual partner of the company Stiftl and thus the recipient of the invoice is initially the client.
III.1 The company Stiftl is not obliged to consider change requests after the conclusion of the contract, unless the company Stiftl agrees to this in writing. If the company Stiftl 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 local appropriate remuneration. The change requests of the client accepted by the company Stiftl are also taken into account in the total of the ordered services according to Section 7 of the GTC.
III.2 The Stiftl company reserves the right to make changes to the menu composition in the event that, for reasons for which the Stiftl company is not responsible, parts of the menu have to be replaced with food or drinks of the same quality. The company Stiftl will endeavor to inform the customer in good time and ensure that the replacement product comes as close as possible to the character of the replaced product to a reasonable extent.
IV. Scope of services
IV.1 The performance of the company Stiftl includes in particular all material and services that are necessary for the implementation of the event / reservation. Unless otherwise agreed, the Stiftl company determines which company will carry out the order. The company Stiftl informs the client if an event / reservation has to be relocated to another company due to special circumstances.
IV.2 If the company Stiftl has to use the services of third parties due to the wishes of the client, the company Stiftl is entitled to conclude the respective subcontracting contracts in the name and for the account of the client. The company Stiftl will mark these external services in the context of the offers. The exact subject matter and the associated services result from the contract concluded between the parties. Objects and materials, with the exception of food and drinks, which are necessary for the execution of the order and which are delivered 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 shortfalls will be invoiced to the client at replacement prices after the remaining items have been returned and checked in accordance with sentence I. If beverages are delivered on a commission basis, they will only be returned if the containers are neither opened nor damaged. For evidence purposes, the client has to prepare a corresponding receipt upon return, detailing the type and scope of the returned item. This receipt is only evidential if it is signed by the Stiftl company or a person authorized to sign. Unless otherwise instructed in writing by the client, the Stiftl company is entitled to dispose of any goods that have not been consumed as part of the clean-up work after the respective event has taken place. This does not apply to drinks whose containers have neither been opened nor damaged.
IV.3 The scope of services specified by the client and confirmed by signature in the offer serves as the basis of calculation. Increases in the scope of services and the beverage sales will be invoiced by the company Stiftl according to the actual expenditure on the basis of prices.
IV.4 If the client reports changes in the number of people by more than 10%:
- up to 7 days before the booked date for events with more than 20 people
so the company Stiftl is entitled to charge the customer for the damage resulting from the reduction in the number of people. less than 7 days before the booked date for events with more than 20 people so the company Stiftl can demand the full agreed consideration in case of a reduction in the number of people.
IV.5 For events that go beyond the agreed time, the Stiftl company charges a service surcharge of € 30.00 per employee used.
IV.6 For events that go beyond the curfew of the respective company, the Stiftl company charges a surcharge of € 150 per hour or part thereof.
IV.7 In the event of a significant reduction in the number of people (more than 20%), Stiftl reserves the right to choose rooms other than those selected on the basis of the originally specified number of people and to change the location 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 VAT applicable at the time of billing. In the case of external deliveries (catering), the prices are plus the VAT applicable at the time of invoicing. If the period of 120 days between the 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, the company Stiftl is released from a delivery obligation if it is prevented from fulfilling its obligations by the occurrence of unforeseeable, extraordinary circumstances, which it was unable to avert despite the care taken under the circumstances of the incident. These include, in particular, force majeure 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., if the above circumstances make timely and correct delivery or service impossible. As far as the company Stiftl is released from the delivery obligation due to the above regulations, any claims for damages of the customer derived from this do not apply. There are also no rights of withdrawal. However, the Stiftl company can only refer to the circumstances mentioned if it notifies the client immediately after the circumstances arise. Irrespective of this, the client is obliged to reimburse all costs necessary to carry out the order that have arisen up to the point in time at which the company Stiftl is released from the service in accordance with the above regulation. The Stiftl company is obliged to minimize costs.
VII.1 With the reservation confirmation of the company Stiftl or with the conclusion of an event contract, in the event of withdrawal on the part of the client:
- 60 days before the event 0%
- 60 - 30 days before the event 70%
- 30 - 7 days before the event 90%
- Less than 7 days before the event 100%
the total of the services resulting from the cost calculation of the company Stiftl on which the event is based or from the services ordered by the client,
otherwise the amount agreed as the minimum turnover billed at a flat rate.
VII.2 The company Stiftl is entitled at any time to request an advance payment from the customer for the services ordered by invoice with VAT. If this advance payment is not received within the deadline set by the company Stiftl, the company Stiftl is entitled to withdraw from the contract. The company Stiftl is also entitled to withdraw from the contract if there are justified doubts as to whether the client will meet his payment obligations on time and in full. There are justified doubts in particular if
- the client files for insolvency, a third party files a permissible and well-founded insolvency application with regard to the client, insolvency proceedings have been opened against the client or the opening of such insolvency proceedings is refused due to insufficient assets
- the client has given incorrect or incomplete information to a bank or to the company Stiftl about facts that affect his creditworthiness or negative information emerges from information from recognized debtor files such as Creditreform or Schufa
- the client has not made a due payment to the Stiftl company on time.
If the company Stiftl has justified doubts, the company Stiftl will inform the client of this without undue delay. If the client refutes the negative creditworthiness or the debtor card entries or if the client then pays the advance payment invoiced by the company Stiftl within 3 calendar days and at least 3 calendar days before the start of the event without reservation in advance, the company Stiftl no longer has the right to withdraw from the contract to.
VII.3 In all named cases of withdrawal from the company Stiftl, the latter is entitled to either the same amounts as in the case of withdrawal by the client in accordance with the above cancellation scale in accordance with clause VII.1.1 or the agreed minimum turnover in accordance with clause VII.1.2 or the specific damage from To request the client. In all cases, the client reserves the right to prove that the company Stiftl suffered less damage.
Other claims of the company Stiftl for damages remain unaffected by this regulation.
VII.4 Without prejudice to the preceding regulations, the company Stiftl can invoice the client for goods, materials and personnel services that were specifically purchased for the events concerned and that the company Stiftl cannot use for other purposes.
VII.5 If the customer 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 make use of the goods and services ordered (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 company Stiftl reserves the right to
- Events 50% of the menu price
- 100% of the agreed minimum turnover per person
- 100% of the agreed minimum turnover for an exclusive booking
- an agreed room rental of 100%
to request as advance payment. If the company Stiftl makes use of this right and 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 company Stiftl is entitled to withdraw from the contract and claim damages Non-performance entitled. The date and name of the event must be stated with the payment order.
VIII.2 The open balance of the final invoice is due immediately without deduction after receipt of the invoice or by the set payment term. Corresponding preliminary bills for the event will be charged.
In the event of default in payment, interest of 9% per year will be charged. The assertion of further damage remains unaffected. Offsetting against counterclaims by the client or third parties is excluded, unless the claims are undisputed or legally established.
VIII.3 Invoicing abroad is only possible after prior agreement with the Stiftl company.
IX. Retention of title
IX.1 The Stiftl company retains ownership of the goods until all payments from the business relationship (the current account relationship) with the client have been received; the reservation relates to the recognized balance and the goods delivered. In the event of a breach of contract on the part of the client, in particular in the event of default in payment, Stiftl is entitled to take back the goods. The taking back of the goods by the company Stiftl does not constitute a withdrawal from the contract, unless the company Stiftl has expressly declared this in writing.
The Stiftl company is authorized to dispose of the goods after they have been taken back. The sales proceeds are to be offset against the client's liabilities - less reasonable sales costs.
IX.2 The client is obliged to treat the goods with care until the full invoice amount has been paid; in particular, he is obliged to provide them at his own expense at replacement value against storage, breakage, transport, theft, water and fire damage 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 executing organization of the event or to the event managers in concrete form. Hidden defects in the delivered goods and the services provided by the Stiftl company must be reported to the event manager or the Stiftl company in writing immediately, verbally or by telephone, at the latest within one day of their discovery. Insofar as the client does not meet his obligation to notify in due time and therefore the deficiencies cannot be remedied in good time during or until the end of the event, the client's appeal to claims based on the deficiencies found is excluded. Claims of the client regarding the assumption of a guarantee can only be asserted against the company Stiftl if the assumption of the guarantee by the company Stiftl is expressly designated as such in the contract or otherwise in writing.
XI. Obligations of the client
XI.1 The provision 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 its consent dependent on a reasonable contribution by the customer to cover overhead costs (e.g. cork or plate money).
XI.2 The exhibition or other objects 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 expense of the customer. If the objects remain in the event room, the Stiftl company can charge room rent for the duration of the stay. The customer reserves the right to provide evidence of lower damage and the Stiftl company to provide evidence of higher damage.
XI.3 The Stiftl company assures that the premises are in the correct condition for holding events. The client is responsible for complying with public law regulations and obtaining any necessary permits relating to the implementation of the specific event.
XI.4 Advertising activities 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 set up information signs for the event after consultation with the Stiftl company.
XI.5 If the client provides the decoration with the consent of the Stiftl company, the decoration material used by him must comply with the fire protection requirements. The Stiftl company is entitled to request official proof of this. To avoid damage, the attachment and installation must be coordinated with the Stiftl company in advance.
XI.6 The event agreement includes the basic cleaning of the event rooms and the disposal of the usual waste from the event. The disposal of the type or amount of unusual waste will be invoiced separately by the Stiftl company. The same applies to unusual soiling of the event room.
XII. Liability and transfer of risk
XII.1 Immediately upon delivery of the goods, the customer must carefully examine them. In the event of any complaints, Section IX applies. When the customer accepts the delivery or services in kind in accordance with Section IV of these terms and conditions, the risk of loss, damage, reduction and deterioration as well as consequential damage shall pass to the customer. A liability of the company Stiftl for loss, direct and indirect property and financial damage as well as consequential damage is excluded, as far as these are not caused by gross negligence or intent by the company Stiftl or a vicarious agent of the company Stiftl.
If the company Stiftl erects tents, pagodas or similar facilities / structures for catering or for other purposes of the event that have to be fixed in the ground or on a concrete base or paving stone outside of the company premises of the company Stiftl, the client undertakes to to hand over a plan to the company Stiftl before the start of construction, from which the exact earth line courses and their depth can be seen. If such a plan is not handed over, the client tacitly consents to the commencement of work in the event of damage at his own expense. The client is advised that with solid surfaces such as B. with composite stone paving holes are often required to attach the tents and that this can cause damage to the surface. The restoration of such surfaces is at the expense of the client.
The client who operates or has operated pyro effects, dry ice effects or the like in the premises of the Stiftl company and therefore z. B. triggers a fire alarm, is liable for the resulting costs, in particular the authorities and fire brigade or the police and regulatory authorities. The client exempts the company Stiftl because of these claims for reimbursement of costs against the claimants. The client also releases the company Stiftl from other claims by third parties that are asserted by third parties against the company Stiftl in connection with the client's event.
XII.2 The client is liable for all damage caused to the venue by the client's event or by the participants in the client's event, even if it cannot be specifically clarified by which participant the damage was caused. Damage in the sense of this regulation is damage to the structure including supply lines, to the facility and to all objects used for the event. If the client has a claim against a third party due to a damaging event, e.g. against an insurance company, the client assigns the claim to Stiftl. The Stiftl company accepts the assignment.
XII.3 The company Stiftl can demand the provision of adequate securities (e.g. insurance, deposit, guarantees) from the client.
XII.4 If the client or a participant of the event takes food and drinks that have not been consumed at their own request, the Stiftl company accepts no liability for damage caused by improper storage, transport, hygienic treatment or other improper handling and / or delayed consumption .
XII.5 The liability of the company Stiftl for breach of contractual duty as well as for offenses is limited to intent and gross negligence. This does not apply to injury to life, limb, health of the client and claims due to the breach of cardinal obligations (i.e. obligations that arise from the nature of the contract and the breach of which would endanger the achievement of the purpose of the contract). In this respect, the Stiftl company is liable for every degree of fault. Liability in the event of a breach of essential contractual obligations is limited to the regularly foreseeable damage.
XIII. The written form
XIII.1 Changes or additions as well as the repeal of individual provisions of these contractual conditions must be made in writing in order to be binding. The cancellation of the written form requirement must also be in writing.
XIV. Partial effectiveness
XIV.1 In the event of the ineffectiveness of individual contractual provisions or independent parts of individual provisions, the validity of the remaining contractual provisions or the remaining parts of the provisions shall remain unaffected. Instead of the ineffective contractual provisions or parts of individual provisions, 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 in Munich shall apply to all legal disputes arising from this contractual relationship as well as about its origin and effectiveness.
XV.2 If the contractual partner is a merchant, legal entity under public law or 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 brought, the exclusive place of jurisdiction for all disputes from and in connection with the contractual relationship in Munich. In addition, the company Stiftl is entitled to sue at the court that is responsible at the customer's registered office.
XVI.1 Das Vertragsverhältnis unterliegt dem Recht der Bundesrepublik Deutschland unter Ausschluss des Übereinkommens der Vereinten Nationen über Verträge über den internationalen Warenkauf vom 11.04.1980 (CISG).