Terms and Conditions
1. General terms and conditions for our web shop
2. General terms and conditions for our restaurant
3. General terms and conditions for catering and banquets
1. General terms and conditions of the Gastronomy Service Bleibergs Feinkost, Gastro und Reiseservice GmbHfor our online shop
§ 1 General, scope
I. The present general terms and conditions (hereinafter "GTC") apply to all contracts between Gastronomie Service Bleibergs Feinkost, Gastro und Reiseservice GmbH (hereinafter "Bleibergs GmbH") and the customer who uses the Internet offer of Gastronomie Service Bleibergs GmbH (hereinafter " buyer").
The terms and conditions apply to the use of the website www.bleibergs.de and all subdomains belonging to this domain. The version valid at the time the contract is concluded is decisive. The contract language is German.
II. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed to their commercial or independent professional activity.
III. Entrepreneurs within the meaning of these terms and conditions are natural and legal persons or partnerships with legal capacity who enter into a business relationship with Gastronomy Service Bleibergs GmbH in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
I. By placing an order, the buyer submits a binding request for the purchase of the desired goods. Gastronomy Service Bleibergs GmbH accepts this request from the buyer by sending the ordered goods. The prices and information listed on the day of the order apply.
II. When ordering online, Gastronomie Service Bleibergs GmbH will confirm receipt of the order to the buyer by email. This confirmation of receipt is not an order confirmation. Gastronomy Service Bleibergs GmbH is entitled to accept the buyer's order within 3 days by sending an order confirmation. The order confirmation is sent by email. After the fruitless expiry of the specified period, the offer is deemed to have been rejected.
III. In individual cases (e.g. unpaid invoices or inability to pay), Gastronomy Service Bleibergs GmbH can refuse orders, limit quantities or demand advance payments.
§ 3 cancellation policy for consumer contracts
right of withdrawal
You have the right to revoke this contract within 14 days in text form (e.g. letter, e-mail) without giving reasons or - if the goods are made available to you before the deadline - by returning the goods.
The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the last goods (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery).
In order to exercise your right of cancellation, you need a clear statement to us about your decision to cancel this contract:
by post:
Bleiberg's delicatessen, gastronomy and travel service GmbH
Nürnberger Strasse 45A, 10789 Berlin
by email:info@bleibergs.de
on the Internet: https://www.bleibergs.de/kontakt/
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have to repay all payments that we have received from you (including delivery costs) immediately and at the latest within 14 days from the day on which we received your declaration of revocation. The refund will be made using the same means of payment that you used for the original transaction, unless expressly agreed otherwise. Under no circumstances will you incur any additional costs as a result of this repayment. We can refuse the repayment until we receive the goods back.
You have the goods immediately and in any event not later than 14 days from the day on which you inform us about the cancellation of this contract
Bleiberg's delicatessen, gastronomy and travel service GmbH
Nürnberger Strasse 45A, 10789 Berlin
to be returned or handed over. The deadline is met if you send back the goods before the period of 14 days has expired. Goods that are ready for shipment are to be returned at our risk. You bear the costs of the return if the delivered goods correspond to those ordered and the price of the goods to be returned does not exceed an amount of €40 or if you have not yet provided the consideration or a contractually agreed partial service at the time of the cancellation in the case of a higher purchase price to have. Otherwise we will bear the cost of returning the goods. Goods that are not ready to be shipped will be picked up from you.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of revocation
§ 4 Delivery and shipping costs
I. Unless otherwise agreed, delivery will be made to the delivery address specified by the buyer. The shipping times are usually 7 days a week during working hours after the order confirmation has been sent.
II. The costs for packaging and shipping the goods depend on the individual case and will be charged to the buyer separately. For deliveries abroad, unless otherwise agreed, the costs for packaging and shipping are calculated separately according to weight.
III. If the buyer wants a special type of shipment that incurs higher costs, he must bear the additional costs incurred.
IV. If the purchase is not a purchase of consumer goods (§ 474 Para. 1 BGB), the risk passes to the buyer as soon as the delivery has been handed over to the transport person.
§ 5 Right of Withdrawal
I. Gastronomie Service Bleibergs GmbH is also entitled to withdraw from the contract with regard to a part of the delivery or service that is still outstanding if false information has been provided about the creditworthiness of the buyer or there are objective reasons for the buyer’s inability to pay (e.g. the opening of insolvency proceedings regarding the assets of the buyer or the dismissal of such a procedure for lack of assets to cover costs) have arisen. Before withdrawing, the buyer is given the opportunity to make an advance payment or provide suitable security.
II. Irrespective of any claims for damages, in the event of partial withdrawal, partial services already rendered are to be invoiced and paid for in accordance with the contract.
§ 6 Returns
I. In the case of returning goods that can be sent as a parcel, the buyer must pack the goods in a way that protects them against typical transport hazards. Whenever possible, we recommend using the original product packaging when returning.
II. Returns should be sent to the following address:
Bleiberg's delicatessen, gastronomy and travel service GmbH
Nürnberger Strasse 45A, 10789 Berlin
§ 7 Prices
The prices stated in the online shop include the applicable statutory value-added tax. If there are shipping costs, these are shown separately.
§ 8 Terms of payment
I. The goods are paid for by invoice, in cash or by credit card. We reserve the right to accept or exclude certain payment methods in individual cases.
II. When paying on account, the buyer undertakes to pay the invoice amount before receiving the goods.
III. The buyer is in default of payment at the latest if he does not meet his payment obligations within the payment period stated on the invoice or contractually agreed after the due date and receipt of the invoice. If the buyer is in default of payment, he is responsible for any negligence during this time. He is also liable for coincidences because of the service, unless the damage would have occurred even if the service had been provided on time.
IV. Interest is to be paid on the purchase price during the delay. The default interest rate for the year is eight percentage points above the base rate.
V. The buyer will be charged reminder fees for each reminder sent after default. If an invoice is not paid or is returned via credit card as a result of an objection, Gastronomie Service Bleibergs GmbH is also entitled to charge a flat fee and the bank charges incurred.
VI. The assertion of further damage is not excluded.
§ 9 Retention of title
The goods remain the property of Gastronomie Service Bleibergs GmbH until full payment has been made. Before the transfer of ownership, pledging, transfer of ownership, processing or transformation is not permitted without the express consent of Gastronomie Service Bleibergs GmbH.
§ 10 Warranty
I. The statutory warranty applies.
II. If the buyer is not a consumer within the meaning of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch), the buyer must immediately inspect the delivered goods for quality and quantity discrepancies and Gastronomy Service Bleibergs GmbH must report recognizable defects within a period of one week from receipt of the goods in writing; otherwise the assertion of a warranty claim is excluded. Hidden defects must be reported in writing to Gastronomie Service Bleibergs GmbH within one week of becoming aware of the defect. Deadline is sufficient for the timely dispatch. In this case, the customer bears the burden of proof for all prerequisites for a claim; in particular for the defect itself, for the time the defect was noticed and for the timeliness of the notice of defects.
III. In the event of defects, the Gastronomie Service Bleibergs GmbH provides a warranty of its own choice through repair or subsequent delivery.
IV. Damage caused by improper or non-contractual measures by the buyer during installation, connection, operation or storage do not justify a claim against the Gastronomie Service Bleibergs GmbH.
§ 11 Limitation of Liability
I. Gastronomie Service Bleibergs GmbH is only liable for damage other than damage to life, limb and health if this damage is due to intentional or grossly negligent action or culpable violation of a material contractual obligation by
Gastronomy Service Bleibergs GmbH or its vicarious agents. An obligation is essential to the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer can regularly rely. Any further liability for damages is excluded. Claims from a guarantee given by Gastronomie Service Bleibergs GmbH for the quality of the purchased item and the Product Liability Act remain unaffected.
II. Gastronomie Service Bleibergs GmbH will endeavor to offer the service with as few interruptions as possible. Even with all due diligence, however, downtimes cannot be ruled out. We are therefore not liable for the permanent availability of our online shop.
Section 12 Offsetting / retention
I. The buyer is not entitled to offset his own claims against the payment claims of Gastronomie Service Bleibergs GmbH, unless the buyer's claims are undisputed and legally binding.
II. The buyer is not entitled to counter payment claims from Gastronomie Service Bleibergs GmbH with rights of retention - also from notifications of defects - unless they result from the same contractual relationship.
§ 13 data protection
As part of the processing of contracts, Gastronomie Service Bleibergs GmbH collects data from the buyer. All necessary measures are taken to protect the personal data provided by the buyer and to comply with the applicable national and European data protection regulations at all times. Further details can be found at https://www.bleibergs.de/datenschutz/.
§ 14 Choice of law and place of jurisdiction
I. German law applies to these GTC and the conclusion and processing of all contracts.
II. If the buyer is a merchant, a legal entity under public law or a special fund under public law, the place of business (Berlin) of Gastronomie Service Bleibergs GmbH is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if a buyer does not have a general place of jurisdiction in Germany, a buyer has moved his domicile or habitual abode abroad after the conclusion of the contract, or his domicile or habitual abode is unknown at the time the action is filed.
§ 15 Invalid clauses
Should one or more provisions of these General Terms and Conditions be ineffective, this does not result in the ineffectiveness of the entire General Terms and Conditions. The invalid regulation will be replaced by the relevant statutory regulation.
2.Terms and Conditions for theEvent contract in the
Restaurant Bleibergsat Nürnberger Str. 45A,10789 Berlin der Bleibergs Feinkost, Gastro und Reiseservice GmbH
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§ 1 General, scope
I. These terms and conditions apply to all related further services and deliveries of the Restaurant Bleiberg (Bleibergs Feinkost, Gastro und Reiseservice GmbH), hereinafter Restaurant.
II. The restaurant reserves the right to make rooms/seats available to the guest/guests/orderer other than those specified in the order for the purpose of hosting the event, if the provision of another room, taking into account the interests of the restaurant for is reasonable for the customers.
III. The subletting or re-letting of the rooms or areas provided as well as invitations to job interviews, sales or similar events with high publicity require the prior written consent of the restaurant. This also applies to publication in the form of newspaper advertisements or the like.
§ 2 Conclusion of contract, orders
I. The contract is concluded when the restaurant accepts the application (confirmation) to the organizer/orderer; these are the contractual partners, the organiser/orderer fully accepts the contractual components and services with his signature.
II. The restaurant is liable for its obligations under the contract. This liability is limited to service deficiencies that are attributable to intent or gross negligence on the part of the restaurant, except in the area of typical service. In addition, the organizer is obliged to inform the restaurant in good time of the possibility of damage occurring.
III. The statute of limitations for all claims of the organizer/customer is six months. This limitation of liability and short limitation period also apply in favor of the restaurant in the event of a breach of obligations when initiating the contract and a positive breach of contract.
§ 3 Services, price, payment, offsetting
I. The restaurant is obliged to provide the services ordered by the organizer and promised by the restaurant. All dishes served are intended for exclusive consumption on site. The organizer is obliged to pay the restaurant's agreed prices for these services. This also applies to services and expenses of the restaurant to third parties in connection with the event. The agreed prices include the respective statutory sales tax. If the sales tax contained in the prices increases due to statutory provisions, the restaurant is entitled to adjust the agreed prices accordingly without the separate prior consent of the organizer. If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the restaurant for such services increases, the restaurant can increase the contractually agreed price appropriately, but by no more than ten percent.
II. For events that last longer than 1:00 a.m., the restaurant reserves the right to charge a special surcharge for personnel costs for each hour started, which depends on the type and scope of the event.
III. Restaurant bills without a due date are due and payable without deduction within fourteen days of receipt of the bill. In the event of late payment, the restaurant is entitled to charge interest at a rate of five percent above the respective base interest rate of the European Central Bank. The restaurant reserves the right to charge processing fees for reminders.
IV. If an advance payment has been agreed and this advance payment has not been received by the due date, the restaurant is entitled to withdraw from the contract free of charge. The organiser/orderer can only offset or reduce a claim by the restaurant with an undisputed or legally binding claim.
§ 4 Delivery and shipping costs
I. Unless otherwise agreed, delivery will be made to the delivery address specified by the buyer. The shipping times are usually 7 days a week during working hours after the order confirmation has been sent.
II. The costs for packaging and shipping the goods depend on the individual case and will be charged to the buyer separately. For deliveries abroad, unless otherwise agreed, the costs for packaging and shipping are calculated separately according to weight.
III. If the buyer wants a special type of shipment that incurs higher costs, he must bear the additional costs incurred.
IV. If the purchase is not a purchase of consumer goods (§ 474 Para. 1 BGB), the risk passes to the buyer as soon as the delivery has been handed over to the transport person.
§ 5 Right of Withdrawal
I. The restaurant is entitled to withdraw from the contract for an objectively justifiable reason if:
1. force majeure or other circumstances for which the restaurant is not responsible make it impossible to fulfill the contract.
2. Events are booked with misleading or false information about essential facts, eg the person of the organizer or the purpose of the event.
3. the restaurant has justified reason to believe that the event could jeopardize the smooth running of business, safety or the reputation of the restaurant in public, without this being attributable to the restaurant's area of control or organization.
The restaurant must inform the organizer immediately of the exercise of the right of withdrawal. The organizer has no claim for damages against the restaurant, except in the case of intentional or grossly negligent behavior on the part of the restaurant.
II. If the organizer withdraws, the restaurant is entitled to demand compensation if it is no longer possible to rent the rooms to others. The event must be canceled in writing. The receipt of the cancellation by the restaurant is decisive for meeting the deadline.
Cancellation policy and right of cancellation
The organizer has the right to revoke event contracts within fourteen days without giving reasons. The obligation to cancel is fourteen days from the day the contract was concluded. In order to exercise the right of withdrawal, the organizer must inform the restaurant of the decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post or e-mail).
§ by post:
Bleiberg's delicatessen, gastronomy and travel service GmbH
Nürnberger Strasse 45A, 10789 Berlin
§ by email:info@bleibergs.de
§ on the Internet: https://www.bleibergs.de/kontakt/
Consequences of revocation
If the organizer revokes the contract, the restaurant must repay all payments made by the organizer in advance without undue delay and at the latest within fourteen days from the day on which the restaurant received notification of the cancellation of the contract. The same means of payment will be used for the repayment that the organizer used for the original transaction, unless expressly agreed otherwise; under no circumstances will you be charged fees for this repayment. If the organizer has requested that services should already be provided during the cancellation period, the organizer must pay the restaurant a reasonable amount, which corresponds to the proportion of the up to the point in time at which the exercise of the right of cancellation with regard to the contract in question was informed, services already provided compared to the total scope of services provided for in the contract.
III. Cancellations from 7 - 5 days before the event by the customer are possible as follows:
1. Up to five days before the start of the event – 25% of the lost food sales.
2. Up to three days before the start of the event – 50% of the meal costs.
3. Up to 2 days before the start of the event – 75% of the menu price.
4. Less than 24 hours before the start of the event - 100% of the lost food sales.
The food turnover is calculated according to the formula: Menu price x number of people. If no price has yet been agreed for the menu, the cheapest three-course menu of the currently valid event offer will be taken as a basis, and saved expenses are thus compensated. The organizer reserves the right to prove a lower damage and the restaurant to prove a higher damage.
§ 6 Changing the number of participants and/or the event time
I. The general cancellation conditions also apply to a reduction in the number of people.
II. In the event of an upward deviation, the actual number of participants will be charged.
III. If the agreed start or end times of the event are changed without the restaurant's prior written consent, the restaurant can charge additional costs for the service, unless the restaurant is at fault.
§ 7 Bringing food and drinks
I. The organiser/guest/guests are generally not allowed to bring food and drinks to the event in the restaurant. Exceptions require a written agreement.
§ 8 Technical facilities and connections
I. Insofar as the restaurant procures technical and other equipment from third parties for the organizer at his request, it acts in the name, with authority and for the account of the organizer. Rental and/or provision costs are usually agreed before the start of the event.
II. The organizer is liable for careful handling and proper return. He releases the restaurant from all third-party claims arising from the provision of these facilities.
III. The use of the organiser's own electrical systems using the restaurant's electricity network requires the latter's written consent. Disturbances or damage to the restaurant's technical systems caused by the use of these devices shall be borne by the organizer, insofar as the restaurant is not responsible for them. The restaurant may record and charge a flat rate for the electricity costs arising from the use.
IV. Malfunctions in the technical or other facilities provided by the restaurant will be rectified immediately if possible. Payments cannot be withheld or reduced if the restaurant is not responsible for these disruptions.
§ 9 Objects brought in
I. Exhibition items or other items, including personal items, that are carried or brought into the restaurant are at the risk of the organizer. The restaurant assumes no liability for loss, destruction or damage, except in the case of gross negligence or intent on the part of the restaurant.
II. Decoration material brought along must comply with the fire police requirements. The restaurant is entitled to demand official proof of this. Due to possible damage, the installation and attachment of objects must be agreed with the restaurant beforehand.
III. The exhibits or other objects brought along must be removed immediately after the end of the event. If the organizer fails to do this, the restaurant may remove, store and dispose of the items at the expense of the organiser. If the objects remain in the event room, the restaurant can charge room rent for the duration of the stay. The organizer reserves the right to prove a lower damage, the restaurant that of a higher damage. The restaurant is entitled to charge for the disposal of materials that the organizer deliberately leaves in the restaurant for disposal.
§ 10 liability of the organizer
I. The organizer is liable for all damage to buildings or inventory caused by event participants, visitors, employees, other third parties in his area or himself.
II. The restaurant can request the organizer to provide appropriate security (e.g. insurance, deposits, guarantees).
§ 11 Data protection
As part of the processing of contracts, the restaurant collects data from the organizer. All necessary measures are taken to protect the personal data provided by the organizer and to comply with the applicable national and European data protection regulations at all times. See below for more detailshttps://www.bleibergs.de/datenschutz/.
§ 12 Choice of Law and Place of Jurisdiction
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I. German law applies to these GTC and the conclusion and processing of all contracts.
II. If the organizer is a legal entity under public law or a special fund under public law, the place of business (Berlin) is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if an organizer does not have a general place of jurisdiction in Germany, an organizer has moved his domicile or habitual abode abroad after the conclusion of the contract or his domicile or habitual abode is unknown at the time the action is filed.
§ 13 Invalid clauses
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Should one or more provisions of these General Terms and Conditions be ineffective, this does not result in the ineffectiveness of the entire General Terms and Conditions. The ineffective regulation will be replaced by the relevant statutory regulation.
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3. General terms and conditions for the event contractCaterings and banquets outside the restaurantBleibergs at Nürnberger Str. 45A, 10789 Berlin, owned by Bleibergs Feinkost, Gastro und Reiseservice GmbH
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§ 1 General, scope
I. These terms and conditions apply to all related further services and deliveries of the Restaurant Bleiberg (Bleibergs Feinkost, Gastro und Reiseservice GmbH), hereinafter referred to as BLEIBERGS GMBH.
II. The general terms and conditions apply to all services offered by BLEIBERGS GMBH and its contractual partners (organizers). Legal relationships between the organizer and a third party do not affect the legal relationship between BLEIBERGS GMBH and the organizer. The organizer's terms and conditions only apply if this has been agreed in writing; the contract is concluded as soon as catering, the restaurant, other rooms or other deliveries and services have been ordered and promised. This can also be verbal, by e-mail, by fax, by telephone or in person.
§ 2 Conclusion of contract, orders
I. If the organizer is not the customer himself or if the organizer hires a commercial agent or organizer, these are jointly and severally liable with the organizer for all obligations arising from the contract. If BLEIBERGS GMBH is prevented from fulfilling its services due to force majeure or a strike, no liability for damages can be derived from this.
II. BLEIBERGS GMBH has business liability insurance. The organizer is already informed that he has to take care of this in the event of extended insurance cover.
III. Fees for musicians and artists must be made available in advance by the organizer if BLEIBERGS GMBH is commissioned. Any GEMA fees incurred are generally borne by the organiser. He is also responsible for the corresponding registration.
§ 3 Services, price, payment, offsetting
I. All prices in commercial transactions are exclusive of statutory VAT / in private transactions including statutory VAT. Offers relating to the restaurant always include VAT. Invoices are payable without deduction within 14 days of receipt. Invoices can also be received by fax or e-mail. Default occurs without further notice of default on the 11th day from receipt of the invoice. BLEIBERGS GMBH is then entitled to claim interest in the amount of the legal possibilities. In the run-up to an event, BLEIBERGS GMBH is entitled to request an advance payment; the same terms of payment apply as when issuing an invoice.
II. For events that last longer than 1:00 a.m., the restaurant reserves the right to charge a special surcharge for personnel costs for each hour started, which depends on the type and scope of the event.
§ 4 Right of Withdrawal
I. The restaurant BLEIBERGS GMBH is entitled to withdraw from the contract for an objectively justifiable reason if:
1. force majeure or other circumstances for which the restaurant is not responsible make it impossible to fulfill the contract.
2. Events are booked with misleading or false information about essential facts, eg the person of the organizer or the purpose of the event.
3. the restaurant has justified reason to believe that the event could jeopardize the smooth running of business, safety or the reputation of the restaurant in public, without this being attributable to the restaurant's area of control or organization.
The restaurant BLEIBERGS GMBH has to inform the organizer of the exercise of the right of withdrawal immediately, the organizer has no claim for damages against the restaurant, except for intentional or grossly negligent behavior of the restaurant.
II. If the organizer withdraws, the restaurant is entitled to demand compensation if it is no longer possible to rent the rooms to others. The event must be canceled in writing. The receipt of the cancellation by the restaurant is decisive for meeting the deadline.
Cancellation policy and right of cancellation
The organizer has the right to revoke event contracts within fourteen days without giving reasons. The obligation to cancel is fourteen days from the day the contract was concluded. In order to exercise the right of withdrawal, the organizer must inform the restaurant of the decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post or e-mail).
by post:
Bleiberg's delicatessen, gastronomy and travel service GmbH
Nürnberger Strasse 45A, 10789 Berlin
by email:info@bleibergs.de
on the Internet: https://www.bleibergs.de/kontakt/
Consequences of revocation
If the organizer revokes the contract, the restaurant BLEIBERGS GMBH has to repay all payments made by the organizer in advance immediately and at the latest within fourteen days from the day on which the notification of the cancellation of the contract was received by the restaurant. The same means of payment will be used for the repayment that the organizer used for the original transaction, unless expressly agreed otherwise; under no circumstances will you be charged fees for this repayment. If the organizer has requested that services should already be provided during the cancellation period, the organizer must pay the restaurant a reasonable amount, which corresponds to the proportion of the up to the point in time at which the exercise of the right of cancellation with regard to the contract in question was informed, services already provided compared to the total scope of services provided for in the contract.
III. Cancellations from 14 days before the event by the customer are possible as follows:
1. Up to 10 days before the start of the event – 25% of the lost food sales.
2. Up to 5 days before the start of the event – 50% of the meal costs.
3. Up to 2 days before the start of the event – 75% of the menu price.
4. Less than 24 hours before the start of the event - 100% of the lost food sales.
The food turnover is calculated according to the formula: Menu price x number of people. If no price has yet been agreed for the menu, the cheapest three-course menu of the currently valid event offer will be taken as a basis, and saved expenses are thus compensated. The organizer reserves the right to prove a lower damage and the restaurant to prove a higher damage.
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§ 5 Changing the number of participants and/or the time of the event
I. The general cancellation conditions also apply to a reduction in the number of people.
II. The organizer is obliged to inform BLEIBERGS GMBH of the number of participants (guaranteed) at the event at least 3 days before the date. If he notifies the actual number of participants between 3 days and 24 hours before the event, there will be an express surcharge of 10% on the submitted offer. Changes 24 hours before the start of the event or failure to notify the guaranteed number of participants mean that BLEIBERGS GMBH will provide the service in accordance with your offer. BLEIBERGS GMBH is not responsible for any disadvantages that arise for the organizer as a result.
III. If the number of participants deviates by more than 10%, BLEIBERGS GMBH is entitled to set the agreed prices again, for a deviation of 10 to 20% by 15%, beyond that by up to 20%. If the actual number of participants deviates from the (guaranteed) number of participants by more than 40%, BLEIBERGS GMBH is entitled to refuse the service.
§ 6 Bringing food and drinks
I. The organiser/guest/guests are generally not allowed to bring food and drinks to the event in the restaurant. Exceptions require a written agreement.
§ 7 Technical facilities and connections
I. Insofar as the restaurant procures technical and other equipment from third parties for the organizer at his request, it acts in the name, with authority and for the account of the organizer. Rental and/or provision costs are usually agreed before the start of the event.
The organizer shall provide BLEIBERGS GMBH with the necessary technical equipment free of charge for off-site catering. If this does not happen up to 6 hours before the event, BLEIBERGS GMBH is entitled to have the necessary technical equipment installed. The organizer undertakes to pay the billed costs plus an additional 25% share of the costs to BLEIBERGS GMBH. If the organizer does not provide any technical equipment, BLEIBERGS GMBH is entitled to cancel the event up to its beginning. In this case, the organizer undertakes to pay 70% of the food and beverage sales (according to the food sales formula mentioned above).
II. The organizer is liable for careful handling and proper return. He releases the restaurant from all third-party claims arising from the provision of these facilities.
III. The use of the organiser's own electrical systems using the restaurant's electricity network requires the latter's written consent. Disturbances or damage to the restaurant's technical systems caused by the use of these devices shall be borne by the organizer, insofar as the restaurant is not responsible for them. The restaurant may record and charge a flat rate for the electricity costs arising from the use.
IV. Malfunctions in the technical or other facilities provided by the restaurant will be rectified immediately if possible. Payments cannot be withheld or reduced if the restaurant is not responsible for these disruptions.
§ 8 Objects brought in
I. Exhibition or other items, including personal items, are carried or brought into the event at the risk of the organizer. The restaurant assumes no liability for loss, destruction or damage, except in the case of gross negligence or intent on the part of the restaurant.
II. Decoration material brought along must comply with the fire police requirements. The BLEIBERGS GMBH restaurant is entitled to demand official proof of this. Due to possible damage, the installation and attachment of objects must be coordinated with the BLEIBERGS GMBH restaurant beforehand.
III. The organizer BLEIBERGS GMBH must present any necessary official approvals up to 48 hours before the event. If he fails to do this, BLEIBERGS GMBH is entitled to terminate the contract and to claim 70% of the food and beverage sales according to the food sales formula. If BLEIBERGS GMBH is to obtain the necessary approval, the organizer will pay a flat rate of € 100.00 plus the fees.
§ 9 Non-identity between organizer and client
I. Sole contractual partner of BLEIBERGS GMBH is the organizer. BLEIBERGS GMBH does not make any further contractual agreements with third parties; this is the responsibility of the organizer. BLEIBERGS GMBH is entitled to withdraw from the contract until the start of the event if the organizer does not make such a declaration. In the event of withdrawal from the contract, BLEIBERGS GMBH is entitled to demand 70% of the food and beverage sales according to the food sales formula.
§ 10 liability of the organizer
I. The organizer is liable for all damage to buildings or inventory caused by event participants, visitors, employees, other third parties in his area or himself.
II. The BLEIBERGS GMBH restaurant can demand that the organizer provide appropriate security (e.g. insurance, deposits, guarantees).
§ 11 Data protection
As part of the processing of contracts, the Restaurant BLEIBERGS GMBH collects data from the organizer. All necessary measures are taken to protect the personal data provided by the organizer and to comply with the applicable national and European data protection regulations at all times. See below for more detailshttps://www.bleibergs.de/datenschutz/.
§ 12 Choice of Law and Place of Jurisdiction
I. German law applies to these GTC and the conclusion and processing of all contracts.
II. If the organizer is a legal entity under public law or a special fund under public law, the place of business (Berlin) of Restaurant BLEIBERGS GMBH is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if an organizer does not have a general place of jurisdiction in Germany, an organizer has moved his domicile or habitual abode abroad after the conclusion of the contract or his domicile or habitual abode is unknown at the time the action is filed.
III. We reserve the right to correct errors, as well as printing and calculation errors.
§ 13 Invalid clauses
Should one or more provisions of these General Terms and Conditions be ineffective, this does not result in the ineffectiveness of the entire General Terms and Conditions. The ineffective regulation will be replaced by the relevant statutory regulation.
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