GENERAL BUSINESS TERMS & CONDITIONS
§1 scope of application
(1) These general business terms apply to bookings for 10 persons or more concerning all gastronomic services of Margarete, the rent of rooms of Margarete or caterings by Margarete restaurant.
(2) A sublease or relet, any sales or comparable event request the written approval of Margarete restaurant beforehand.
(3) Business terms of the event organiser only apply if explicitly agreed on in a written way.
§2 completion of contract, contracting parties and liability
(1) The contract is completed when the restaurant accepts/confirms the request towards the demander or through the written declaration of both contracting parties.
(2) If the customer is not identical with the requester or does the event organiser employ a commercial intermediary, they are jointly and severally liable for all contractual obligations.
(3) Liability of the restaurant is limited to fundamental contractual obligations and damage resulting from intent or gross negligence of the restaurant, its legal representatives or vicarious agents. This does not apply to damage from injury to life, body or health. The event organiser is obligated to indicate the possibility of an extraordinary high damage in sufficient time.
§3 performance, price, payment
(1) The restaurant is obligated to provide the services ordered by the requester and confirmed by the restaurant.
(2) The requester is obligated to pay the agreed price for these services. This comprises services and expenses of Margarete restaurant towards third parties in connection with the event.
(3) The agreed prices do include taxes when the event takes place in Margarete, Braubachstraße 18-22, 60311 Frankfurt, if not otherwise designated.
(4) Invoices by Margarete restaurant without any due date are to be payed completely within 5 days of delivery of the invoice. In case of a delayed payment the restaurant is authorised to invoice default charges as per §288 BGB. The right to enforce further damage is reserved.
(5) The restaurant is entitled to charge a prepayment. It’s amount and the date of payment can be agreed on in a written contract. Basically the following rule applies: For groups with presumably more than 20 persons we need verifiable credit card information or a signed cost takeover declaration until 7 weedays before the event or a 50% payment beforehand to ensure the booking/payment.
(6) For events which will exceed 1 am in the night we do charge a minimum turnover of 10,-€ per person per broken hour for 75% of the number of guest as this number is communicated until 48 hours before the beginning of the event.
(7) Without any specific agreement in connection with a minimum turnover, the restaurant reserves the right to change seatment within Margarete.
§4 avoidance of contract
(1) If the payment security (§3 (5)) is not provided within an appropriate deadline communicated by the restaurant, the restaurant is entitled to rescind the contract.
(2) Furthermore, the restaurant is entitled to rescind, a) if force majeure or other circumstances the restaurant is not responsible for do make the fulfilment of the contract impossible b) if an event has been booked giving deceptive or essentially false information concerning event organiser or purpose c) if the restaurant has reasonable cause to assume the event could endanger the trouble-free procedures of the restaurant, security or renomée in the public and this is not attributable to the domain or organisation sector of the restaurant d) if there is a violation of the above mentioned scope of application in §1 (2)
(3) The restaurant has to inform its contract partner about the avoidance of contract and to refund consideration payments without delay.
(4) The contract partner is not entitled to damages claims towards the restaurant, except the case of intent or gross negligence by the restaurant, its legal representatives or vicarious agents.
§5 avoidance of contract by event organiser (cancellation)
(1) When the event organiser rescinds the booking, the restaurant is entitled to invoice the costs (agreed minimum turnover, agreed rent, agreed menu price & agreed beverages or minimum consumption of beverages to be expected).
(2) The cancellation fee / damages sum up to
a) 30% in case of a cancellation period of at least 20 days before the event.
b) 50% in case of a cancellation period of 15-19 days before the event.
c) 75% in case of a cancellation period of 14-4 days before the event.
d) 100% in case of a cancellation 3 or less days before the event.
The percentages reference to the agreed on or least to be expected turnover of the event.
(3) The event organiser is reserved the right to prove a lower the restaurant is reserved the right to prove a higher damage.
§6 change in number of guest and/or of the time of event
(1) For reservations for 12 persons or more the restaurant needs a final number of guests until 48 hours before the event which will be the base for calculation and invoice. In case of a short-run cancelation or no-show the restaurant invoices a deficit rate in the amount of the agreed food turnover. Without any agreement the factor will be 50,-€ per person differing to the number of guests communicated until 48 hours before the booking (38,50€ for the “cheapest” menu and 21,50 € for accompanying beverages).
(2) A change in the number of guests of more than 5% needs to be communicated in a written form at least 5 business days before the event and needs to be agreed to by the restaurant.
(3) A reduction of number of guests of no more than 5% within this deadline will be considered for the invoice. Concerning exceeding reductions the bases will be the original number of guests minus 5%.
(4) In case of a difference in number of guests of more than 10% the restaurant is entitled to communicate new prices as well as to switch seatment except this is not reasonable concerning the planned event.
(5) In case of a change in time of beginning and/or end of the event without a prior written agreement of the restaurant the restaurant may invoice additional costs for its services except this change is attributable to the restaurant.
§7 bring along of food and beverages
Principally guests/event organisers are not allowed to bring own food and beverages. Exceptions need the written agreement of the restaurant. In these cases a fee is invoiced for common costs.
§8 Equipment moduls and connections
(1) As far as the restaurant organizes technical equipment or other moduls by contracting a third party on behalf and order by the customer the restaurant acts in the name of, commissioned by and on expense of the customer.
(2) The customer is liable for the careful handling and proper return of the equipment. The customer keeps the restaurant indemnified against all legal claims of a third party supplying equipment.
(3) If the customer wishes to use own equipment involving the restaurant’s power supply system this needs to be agreed on in a written way by the restaurant. The customer is liable for any occurring disorders or damages caused by that equipment, if they are not attributable to the restaurant. The restaurant may set and invoice a flat rate for the arising power costs.
(4) On basis of an agreement with the restaurant the customer is permitted to use own phone-, fax- or data transfer devices. The restaurant may claim an activation fee.
(5) If appropriate equipment of the restaurant is not used in favour of customer’s equipment, the restaurant may invoice a cancellation fee.
(6) In case of a malfunction of technical or other equipment supplied by the restaurant this should be debugged immediately as far as possible. Payments are not to be retained or reduced as far as the restaurant is not liable for the malfunction.
§9 loss or damage to brought along items
(1) Brought along items (to display, of personal character or else) are kept on customer’s risk within the restaurant or event location. The restaurant is not liable for loss, damage or destruction except the case of intent or gross negligence by the restaurant, its legal representatives or vicarious agents.
(2) Brought along decoration material has to satisfy fire regulations. The restaurant may request a certificate by the administrative authorities. With regard to possible damage the installation of items is to be coordinated with the restaurant beforehand.
(3) Brought along items (decoration, exhibition/display or else) are to be removed from the restaurant – completely and immediately after the end of the event – by the customer. If the customer neglects to do so, the restaurant may organise a storage or removal at the expense of the customer (costs for storage, cleansing, removal). In case the items remain in the event room the restaurant may charge a rent for the time until removal. The event organiser is reserved the right to prove a lower the restaurant is reserved the right to prove a higher damage.
§10 Gema (PRS for music) All music events need to be announced to the Gema by the event organizer/customer. The fees for Gema are to be payed by the event organizer/customer. The customer keeps the restaurant indemnified against all event related claims by the Gema.
§11 customer liabilty
(1) The event organiser is liable for all damage to the building and/or inventory caused by himself, participants, guests and assistents of the event as well as third parties belonging to the customer’s area of responsibility.
(2) The restaurant may ask the event organiser for an appropriate guarantee (e.g. insurance, deposit, bond).
§12 final provisions
(1) Changes or amendments of contract, the acceptance of proposal or these general business terms only apply when in a written form. Unilateral changes or amendments by the event organiser are void.
(2) Place of performance and of payment is the place of business of the restaurant.
(3) Venue jurisdiction is deduced from the place of business of the restaurant. This court shall have jurisdiction to adjudicate any and all disputes rising out of agreements with the restaurant, also for cheque and bills of exchange lawsuits. Also in case one contracting party meets the conditions of §38 I ZPO and does not have its legal domicile in Germany, the place of jurisdiction of the restaurant applies.
(4) Agreements with the restaurant shall be governed by German law.
Venue jurisdiction: Frankfurt am Main