GENERAL BUSINESS TERMS & CONDITIONS
§1 Scope of application
(1) These terms and conditions apply to bookings of 12 persons or more for all Margarete gastronomic services, the rental of Margarete premises or bookings for out-of-home catering via Margarete Restaurant.
(2) Subletting or subletting, sales or similar events require the prior written consent of the restaurant.
(3) The organiser's terms and conditions shall only apply if they have been expressly agreed in writing.
§2 Conclusion of contract, - partner and - liability
(1) The contract is concluded by the restaurant's acceptance of the application (confirmation) to the organizer or by the written declaration of both parties to the contract.
(2) If the customer is not the organiser himself or if the organiser makes use of a commercial retailer, the latter shall be jointly and severally liable with the organiser for all obligations arising from the contract.
(3) Unless essential contractual obligations (cardinal obligations) in the area typical for the provision of services are involved, the liability of the restaurant shall be limited to damages attributable to intent or gross negligence on the part of the restaurant, its legal representatives or vicarious agents. This does not apply in the case of liability for damages resulting from injury to life, body or health. The Organiser is obliged to inform the Restaurant in good time of the possibility of exceptionally high damages.
§3 Performance, prices, payment
(1) The restaurant is obliged to provide the services ordered by the organizer and promised by the restaurant.
(2) The Organiser is obliged to pay the prices agreed with the Restaurant for these services. This also applies to services and expenses of the restaurant to third parties in connection with the event.
(3) For events at Margarete, Braubachstraße 18-22, 60311 Frankfurt, the agreed prices include the respective statutory value-added tax.
(4) Invoices issued by the restaurant without a due date shall be payable without deduction within 5 days of receipt of the invoice. In the event of default in payment, the restaurant shall be entitled to charge default interest in accordance with §288 BGB (German Civil Code). The right to claim further damages is reserved.
(5) The restaurant shall be entitled to demand an appropriate advance payment at any time. The amount of the advance payment and the payment dates may be agreed in writing in the contract.In principle, the following applies: for groups that are expected to count more than 20 persons, verifiable credit card data or a signed declaration of assumption of costs must be available 7 working days prior to the event as payment security or 50% of the invoice amount must be paid in advance.
(6) For events going beyond 1 o'clock at night, a minimum consumption of 10,-€/person/open hour for 75% of the last number of guests registered in advance is due, unless otherwise agreed.
(7) Without an explicit agreement in connection with a minimum consumption in advance, the restaurant reserves the right to change the location.
§4 Withdrawal of the Restaurant
(1) If payment security is not provided after a reasonable deadline set by the restaurant has expired, the restaurant is entitled to withdraw from the contract.
(2) Furthermore, the restaurant shall be entitled to withdraw from the contract,
a) if force majeure or other circumstances for which the restaurant is not responsible make it impossible to fulfil the contract
(b) where events have been booked with misleading or false material information about the organiser or the purpose for which they were booked
c) if the restaurant has reasonable reason to believe that the event may jeopardise the smooth running of the business, the safety or public image of the restaurant, without this being attributable to the restaurant's sphere of control or organisation
d) if there is a violation of the above-mentioned scope in §1 (2).
(3) The Restaurant shall inform the Organiser immediately of the exercise of the right of withdrawal and shall reimburse the contractual partner for any counter-performance without delay.
(4) The Organiser shall not be entitled to claim damages from the Restaurant unless the Restaurant, its legal representatives or vicarious agents have acted with intent or gross negligence.
§5 Right of withdrawal of the organizer (cancellation)
(1) If the organizer withdraws from the contract, the restaurant is entitled to charge the costs (agreed minimum consumption, agreed rent, agreed menu price & agreed drinks or expected minimum consumption of drinks). The cancellation fees/compensation shall be graduated as follows:
(2) Cancellation fees/compensation for reservations of 12 persons or more without exclusive booking of an area are as follows
a) 50% if a period of 14-5 days prior to the event is observed
b) 75% if a period of 4-2 days prior to the event is observed
c) less than 48 hours before the event 90% of the agreed or at least expected costs.
d) The organizer reserves the right to prove lower damages, the restaurant to prove higher damages.
(3)When booking an exclusive area within Margarete or a location provided or rented by us:
In the event of cancellation by the Organiser, the Restaurant shall be entitled to charge the costs (agreed minimum consumption, agreed rent, agreed menu price & agreed drinks or expected minimum consumption of drinks) as follows.
a) a processing fee of 20% of the order value after order confirmation of the event.
b) 50% if a period of 27-14 days prior to the event is observed
c) 75% if a period of 13-4 days prior to the event is observed
d) 90% from 3 days before the event.
e) The organizer reserves the right to prove lower damages, the restaurant to prove higher damages. Cancellation fees can be made available as a down payment for an upcoming event after approval by the restaurant.
(4) Catering / Out-of-House
The cancellation fee/compensation for booking a catering in an external location rented by the organizer is as follows
a) 30% if a period of 20 days prior to the event is observed
b) 50% if a period of 14-5 days prior to the event is observed
c) 75% if a period of 4-2 days prior to the event is observed
d) 100% for cancellations less than 48 hours prior to the event
The percentage refers to the agreed or at least expected costs.
Costs of external services that the restaurant has already booked will be invoiced to the customer in addition.
§6 Changes in the number of participants and/or the time of the event
(1) For reservations of 12 persons or more, a binding number of participants is required in writing up to 48 hours before the planned booking, which will also form the basis of the invoice. The restaurant will charge a cancellation fee in the amount of the agreed food turnover in the event of short-term cancellation or non-appearance. If there is no agreement, 52,-€ per person will be charged (45€ for the cheapest 3-course menu on the restaurant menu plus 22€ for accompanying drinks).
(2) A change in the number of participants by more than 5% must be notified in writing no later than 5 working days before the start of the event - it requires the consent of the restaurant.
(3) A reduction of the number of participants by a maximum of 5% in due time will be accepted by the restaurant at the time of invoicing. In the event of deviations going beyond this, the original number of participants less 5% shall be taken as the basis.
(4) In the event of a deviation in the number of participants by more than 10%, the restaurant shall be entitled to redetermine the agreed prices and exchange the confirmed placement, unless this is unreasonable for the organizer.
(5) If the agreed starting or closing times of the event are postponed without the prior written consent of the restaurant, the restaurant may charge additional costs for the readiness to perform, unless the restaurant is at fault.
§7 Bringing food and drinks with you
The organizer is not allowed to bring any food or drinks to the event. Exceptions require a written agreement with the restaurant. In these cases, an amount will be charged to cover overhead costs.
§8 Technical equipment and connections
(1) Insofar as the restaurant procures technical and other equipment from third parties for the Organiser at the latter's instigation, it shall act in the name of, on behalf of and for the account of the Organiser.
(2) The organizer is liable for the careful handling and the proper return. He shall indemnify the restaurant against all claims by third parties arising from the provision of these facilities.
(3) The use of the organizer's own electrical systems using the restaurant's power grid requires the restaurant's written consent. Any malfunctions or damage to the restaurant caused by the use of these devices shall be borne by the Organiser, insofar as the Restaurant is not responsible for such malfunctions or damage. The restaurant is entitled to charge a lump sum for the electricity costs incurred by the use of the equipment.
(4) With the Restaurant's consent, the Organiser shall be entitled to use its own telephone, fax and data transmission facilities. The restaurant may charge a connection fee for this.
(5) If suitable equipment of the restaurant remains unused due to the connection of the organizer's own equipment, a cancellation fee may be charged.
(6) Any malfunctions in technical or other equipment provided by the Restaurant shall be remedied immediately if possible. Payments may not be withheld or reduced insofar as the Restaurant is not responsible for such disruptions.
§9 Loss of or damage to items brought along
(1) Any exhibition or other items, including personal items, carried along by the Organiser are at the Organiser's risk in the event rooms or restaurant. The restaurant accepts no liability for loss, destruction or damage, except in the case of gross negligence or intent on the part of the restaurant, its legal representatives or vicarious agents.
(2) Decorative material brought along must comply with fire police requirements. The restaurant is entitled to demand official proof of this. Due to possible damage, the installation and mounting of objects must be agreed in advance with the restaurant.
(3) Any decoration, exhibition or other items brought along must be removed immediately and completely from the restaurant at the end of the event. If the Organiser fails to do so, the Restaurant may store and/or remove the items at the expense of the Organiser (storage, cleaning and disposal costs). If the objects remain in the event room, the restaurant may charge room rent for the duration of the stay.
The organizer reserves the right to prove lower damages and the restaurant to prove higher damages.
All music events must be announced by the organizer to the Gema in advance. The fees of the Gema are to be paid by the organizer. The restaurant will be indemnified by the organizer against all claims of the Gema.
§11 Liability of the organizer for damages
(1) The organizer is liable for all damage to the building and/or inventory caused by event participants, event visitors, event employees and other third parties in his area or by himself.
(2) The restaurant may demand that the organizer provide adequate security (e.g. insurance, deposits, sureties).
§12 Final provisions
(1) Amendments or supplements to the contract, the acceptance of applications or these terms and conditions for events must be made in writing. Unilateral changes or additions by the organizer are ineffective.
(2) The place of performance and payment shall be the seat of the restaurant.
(3) The exclusive place of jurisdiction, also for disputes over cheques and bills of exchange, in commercial transactions shall be the seat of the restaurant. If a contractual partner fulfils the requirements of §38 I ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the seat of the restaurant.
(4) German law shall apply.
Place of jurisdiction Frankfurt am Main