General Terms and Conditions for Catering

1.1 These General Terms and Conditions (hereinafter “T&Cs“) apply to all contracts concluded between Genussboten Catering GmbH, Managing Director Daniel Lemke, Staakener Straße 53-63, 13581 Berlin (hereinafter “Genussboten Catering“) and the customer for the services of a caterer.

1.2 The agreements made between Genussboten Catering and the customer arise exclusively from the T, the offer including the price calculation within the meaning of § 3.1, and the order confirmation within the meaning of § 3.2.

1.3 The customer’s general terms and conditions do not apply, even if Genussboten Catering does not expressly object to their inclusion. Individually agreed contractual arrangements between Genussboten Catering and the customer take precedence over these T

1.4 Some provisions of these T apply only if the customer is a consumer within the meaning of § 13 of the German Civil Code (BGB) or a business within the meaning of § 14 BGB. A consumer is anyone who uses Genussboten Catering’s services for a purpose that cannot be attributed to their commercial or self-employed professional activity. A business is anyone who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity. Genussboten Catering will expressly point out the limited applicability in each individual case.

1.5 The contract language is German.

2.1 Genussboten Catering offers the following services (hereinafter “catering services“):

a) preparation and provision of food and beverages;
b) provision of staff;
c) provision of equipment; and
d) organization of an entertainment program (e.g., hiring a DJ, rental, set-up and dismantling of lighting systems).

2.2 Genussboten Catering may also have the catering services performed by engaging assistants. A complete transfer of the catering services to a third party is excluded unless the customer agrees to such a transfer.

3.1 Based on the information provided to it (number of participants, type of services requested, venue, etc.), Genussboten Catering submits a written offer to interested parties, including a price calculation (together hereinafter the “offer“). Genussboten Catering is bound by the offer until the date stated in the offer letter.

3.2 The customer accepts the offer by returning it to Genussboten Catering signed and dated (hereinafter “order confirmation“). The contract between Genussboten Catering and the customer is concluded upon receipt of the order confirmation.

3.3 If the customer wishes to increase the number of participants, they must notify Genussboten Catering in text form (e.g., by email) no later than 5 business days before the start of the event. However, the contract will be amended only if and to the extent that Genussboten Catering confirms the increase in text form (hereinafter “contract amendment“). In the event of a reduction in the number of participants on which the offer is based, § 8 applies.

4.1 Genussboten Catering provides the catering services to the extent set out in the offer and (if applicable) the contract amendment. The place of performance is the venue stated in the offer (hereinafter “venue“).

4.2 For the performance of the contract, Genussboten Catering provides the customer with the furniture, crockery, glasses and other accessories listed in the offer on a rental basis (hereinafter “equipment“). The food and beverages offered by Genussboten Catering are plated and served exclusively on and in the equipment, unless Genussboten Catering and the customer have agreed otherwise. The equipment is cleaned by Genussboten Catering.

4.3 Buffet service time is limited to a maximum of three hours. This corresponds to the applicable guidelines of the Food Hygiene Regulation and the quality standards of Genussboten Catering.

5.1 The customer will obtain the official permits required to hold the event in good time and present them to Genussboten Catering upon request. This also includes access, entry and parking permits required for the venue. The customer bears the costs incurred in obtaining the permits.

5.2 The customer is entitled to use the equipment only for the duration of the event stated in the offer and at the venue. The equipment must be used properly. The customer is liable for loss of and damage to the equipment caused by the customer, their guests, or third parties acting on their behalf in accordance with statutory provisions.

5.3 The customer will not bring their own food and beverages to the venue, offer them there, or consume them themselves, unless the customer and Genussboten Catering have agreed otherwise.

5.4 Disposal of catering waste is carried out by Genussboten Catering.

6.1 The total price for the catering services is set out in the offer and (if applicable) the contract amendment. This is the gross total price including the statutory VAT applicable at the time the contract is concluded in accordance with § 3. If the customer uses additional catering services from Genussboten Catering, these will be charged separately.

6.2 With the exception of beverages, the quantities stated in the price calculation are minimum purchase quantities, i.e., the customer must pay the price even if actual consumption is lower than the estimated consumption. Once the minimum purchase quantity has been reached, all catering services will be billed based on actual consumption at the stated list price. If beverages are to be served only in limited quantities, the customer must inform Genussboten Catering of this no later than the order confirmation in accordance with § 3.2.

7.1 Genussboten Catering is entitled to require a deposit from the customer in the amount of 50% of the gross total price stated in the price calculation (hereinafter “order value“) (hereinafter “deposit“). The deposit is due in full after the contract is concluded and payable 10 days after receipt of the invoice, unless the customer is a consumer. In this case, the deposit is divided into two partial deposits. The first partial deposit in the amount of 20% of the order value is due after the contract is concluded and payable 10 days after receipt of the invoice. The second partial deposit in the amount of 30% of the order value is due 14 days before the start of the event and payable 10 days after receipt of the invoice.

7.2 After the catering has been carried out, Genussboten Catering will invoice the customer for the catering services provided on the basis of the offer and (if applicable) the contract amendment. The invoiced amount, less the deposit, must be paid by bank transfer to the account stated on the invoice within 10 business days of the invoice date.

7.3 If the customer is in default of payment, Genussboten Catering is entitled to charge default interest at a rate of 9 percentage points above the base interest rate, unless the customer is a consumer. In this case, default interest is 5 percentage points above the base interest rate. Genussboten Catering reserves the right to prove higher damages.

7.4 The customer may offset against Genussboten Catering’s payment claim only with claims that are undisputed by Genussboten Catering or have been finally adjudicated against Genussboten Catering. The customer may exercise a right of retention only if their counterclaim arises from the same contractual relationship.

7.5 Genussboten Catering is entitled to apply payments first to the customer’s older liabilities. If, in addition to the price for the catering services (hereinafter “principal claim“), costs and interest are also owed, Genussboten Catering is entitled to apply incoming payments first to costs, then to interest, and lastly to the principal claim.

8.1 The number of participants stated in the offer is binding. A reduction in the number of participants after the contract has been concluded is not possible.

8.2 If the customer terminates the contract in whole or in part by cancelling the event or reducing the number of participants (hereinafter “cancellation”), Genussboten Catering is entitled to lump-sum compensation for services already provided and expenses incurred up to the time of cancellation, whereby it must credit what it saves in expenses as a result of the cancellation or what it earns or maliciously fails to earn through other use of its workforce (hereinafter “lump-sum compensation”).

8.3 The basis for calculating the lump-sum compensation is the order value stated in the offer within the meaning of § 7.1. The lump-sum compensation is
– for cancellation more than 14 days before the start of the event: 5% of the order value;
– for cancellation up to 14 days before the start of the event: 75% of the order value;
– for cancellation up to 3 days before the start of the event: 90% of the order value; and
– for cancellation up to 1 day before the start of the event, including the day of the event: 100% of the order value.
Genussboten Catering has the right to prove that it incurred higher expenses. The customer has the right to prove that Genussboten Catering incurred no expenses or that the expenses were significantly lower than the lump-sum compensation.

8.4 In the event of a partial cancellation, the percentages refer in each case to the order value of the unperformed part of the contractually agreed catering services.

8.5 Any deposit already paid will be offset against the lump-sum compensation.

8.6 Termination in accordance with § 8.2 must be made in text form. The decisive factor is receipt of the termination notice by Genussboten Catering.

9.1 Genussboten Catering is not responsible for delays in delivery or performance due to force majeure or due to events beyond the control of Genussboten Catering that significantly impede or make it impossible for Genussboten Catering to perform its services.

9.2 If Genussboten Catering procures foodstuffs from a third party (hereinafter “supplier“) for the preparation of food in order to provide the catering services, and this delivery fails to occur and the required foodstuffs cannot be obtained elsewhere with reasonable effort, Genussboten Catering reserves the right to replace the contractually agreed food with comparable services. This self-supply reservation applies only if Genussboten Catering is not responsible for the failure of delivery. Genussboten Catering is not responsible for the failure of delivery if a so-called congruent covering transaction was concluded with the supplier in good time to fulfil the contractual obligations.

10.1 Unless otherwise provided below, liability for material defects or defects of title on the part of Genussboten Catering is governed by statutory provisions.

10.2 If the customer is a business, they must report obvious defects in the service to Genussboten Catering immediately verbally and at the latest in writing within two weeks. Late notification results in the exclusion of warranty and liability of Genussboten Catering.

10.3 Hidden defects must be reported to Genussboten Catering by the customer who is a business immediately upon discovery of the defect, but no later than within three days of becoming aware of it.

10.4 Genussboten Catering is not liable for improper storage and handling of the delivered food and beverages by the customer or third parties commissioned by the customer.

11.1 Genussboten Catering is liable without limitation for damages insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by Genussboten Catering, a legal representative, or a vicarious agent. For negligent conduct, Genussboten Catering is liable only in the event of a breach of an obligation whose fulfilment is essential to achieving the purpose of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligation), insofar as Genussboten Catering, based on the circumstances known at the time the contract was concluded, typically had to expect the damages caused. Otherwise, liability of Genussboten Catering—including for its vicarious agents and assistants—is excluded.

11.2 The exclusions and limitations of liability provided for in § 11.1 do not apply in the event of injury to life, health or body, for a defect after assuming a guarantee for the quality of the product, or for defects fraudulently concealed. Liability under the Product Liability Act remains unaffected.

Genussboten Catering collects and stores customer data that is necessary for processing business transactions. When processing personal data, Genussboten Catering complies with statutory provisions.

Genussboten Catering is entitled to make changes to the T at any time, provided that this does not affect essential provisions of the contractual relationship (in particular type and scope, term, termination). The amended terms will be communicated to the customer in text form at least six weeks before they take effect. The changes are deemed approved if the customer does not object within six weeks of receipt of the notice. If the right to object is exercised, the changes will not become part of the contract and the contract will continue unchanged. The right of termination remains unaffected.

German law applies to these T and the contractual relationship between the customer and Genussboten Catering. The application of German private international law and the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

15.1 Amendments and additions to these T must be made in text form.

15.2 Should individual provisions of these T be invalid, this shall not affect the validity of the remaining provisions.

15.3 If the customer is a merchant, Berlin is agreed as the place of jurisdiction for all disputes arising between the customer and Genussboten Catering. If the dispute falls within the subject-matter jurisdiction of the local courts (Amtsgerichte), the Local Court (Amtsgericht) Berlin-Mitte shall have jurisdiction.