General Terms and Conditions
General Terms and Conditions of Celebrate Streetfood Catering & Event GmbH
I. Scope of application
- These General Terms and Conditions (hereinafter referred to as GTC) apply to the services of Celebrate Streetfood Catering & Event GmbH (hereinafter referred to as CS), which are ordered by the customer (hereinafter referred to as organizer).
- These GTC apply exclusively to the contract; other conditions do not become part of the contract, even if they are not expressly contradicted. Deviations from these GTC require the explicit written consent of CS.
- Amendments to these GTC shall be offered to the organiser in text form no later than two months before the proposed date of their coming into effect. If the organiser has agreed an electronic communication channel with CS within the framework of the business relationship, the amendments may also be offered in this way. The organizer shall be deemed to have given his consent if he has not indicated his refusal before the proposed date of the changes’ coming into effect. CS shall specifically point out this approval effect to him in its offer.
II. Conclusion of contract and liability
- The contract is concluded by the written reconfirmation of the offer by the organizer to CS, these are the contracting parties.
- All offers are subject to change. By placing an order, by telephone or in writing, the organizer accepts these terms and conditions.
III. Range of Goods
The offer of CS can be subject to seasonal changes. If individual articles are temporarily not available, we reserve the right to exchange them for at least equivalent goods. Of course, the offer is to be considered as a proposal, which CS can change in any way the organizer wishes.
IV. Services, Prices, Payment
- CS is obligated to provide the services ordered by the organizer and promised by CS.
- The organizer is obligated to pay the prices agreed upon by CS for these services. This also applies to services and expenses of CS to third parties in connection with the event.
- Insofar as the agreed prices are gross prices, they include the respective statutory VAT. As far as the offer is based on net prices, the respective valid legal VAT has to be added. If the period between conclusion of the contract and the event exceeds 4 months and if the price generally charged by CS for such services increases, the contractually agreed price may be increased appropriately, however, by a maximum of 10%.
- Invoices of CS are due within 7 days after invoicing without deduction of discount. In case of default of payment, CS shall be entitled to charge interest in the amount of 5% above the respective discount rate of the Deutsche Bundesbank. The organiser reserves the right to prove a lower, CS a higher damage.
- CS is entitled to demand an appropriate advance payment at any time. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract.
- In case of delay of payment or objectively provable doubts about the organizer’s ability to pay, CS is entitled to demand securities up to the value of goods plus 10 % before further deliveries or to refuse the performance of services.
- If the invoice address differs from the address stated in the previous correspondence, the invoice address or the correct invoice recipient must be communicated to CS in due time. The Organizer shall bear the consequences of default if the invoice address is not changed in due time, unless the Organizer is not at fault.
V. Offers, options and free dates
- Offers made by CS are generally valid for seven days and are subject to change, unless otherwise agreed. Options on specific event dates expire after this time, unless a further granting of an extension of time has been made. If this has been done, the offers expire after the set deadline.
- Should the organizer be informed of available dates, this only provides information about the status of the booking at the time of the information and is not a guarantee of availability of a date.
VI. Number of participants, event schedule
- The organizer is obliged to provide CS with an estimated number of participants when placing the order.
- All changes in the number of participants must be communicated to CS in writing.
- An increase in the number of participants or the duration of the event must be communicated seven working days before the start of the event.
- The organizer is obliged to inform CS about the exact course of the event at the latest three working days before the event, otherwise the desired course of the event cannot be guaranteed.
- If the agreed start or end times are postponed without the consent of CS, CS may charge additional costs for the readiness to perform, unless CS is at fault.
- In the context of the corona pandemic, a postponement of the event is possible up to 24 hours before the event day, should it be prohibited in the planned size due to a change in the official order. A change in the requirements (e.g. from 2G to 2G+ or similar) is not considered an official ban in this case. In case of the above mentioned postponement options, we will charge only verifiable and already incurred (non-cancellable) costs. Postponements received by CS later or due to other reasons will be treated as withdrawal according to VII.
VII. Cancellation by the organizer
- If the organizer withdraws from the contract, CS is entitled to charge cancellation fees according to the following scale, unless CS is responsible for the withdrawal.
- 60 or less days prior to the event date: 100% of the total amount according to the current cost forecast
- 61 to 89 days prior to the event date: 75% of the total amount according to the current cost forecast
- 90 or more days before the event date: 50% of the total amount according to the current cost forecast
For multi-day events, the first day will be used for calculation.
- 100% of food, beverages and equipment purchased specifically for the event will be charged to the organizer.
- Contracts concluded with third parties for the event (such as artists, event location, rental tableware or hotel bookings) will be handled according to their respective cancellation conditions. The organizer shall assume all cancellation costs that arise in this regard.
- The organizer is at liberty to prove that CS has saved higher expenses. CS reserves the right to provide evidence of higher damages.
- The cancellation of a valid contract by the organizer must be made in writing and will be reconfirmed by CS.
VIII. Withdrawal of CS
CS is entitled to terminate the contractual relationship at any time and without giving reasons if
a. the event endangers the smooth operation of the business and/or the safety of CS employees can no longer be guaranteed,
b. is unreasonable for the employees of CS for other reasons
c. the reputation as well as the safety of CS is endangered,
d. in the event of an act of nature beyond control,
e. if agreed advance payments are not received on time. Cancellation fees according to VII. will be due.
The legal consequences are based on § 313 BGB.
IX. Dates, Delivery
- Delivery shall be made in accordance with the respective separate agreement. The agreed delivery and service dates are binding, unless CS is prevented from fulfilling its obligations by the occurrence of unforeseeable, extraordinary circumstances, which it could not avert despite reasonable care according to the circumstances of the case, or by an act of nature beyond control. In this case and if the delivery or service cannot be provided within a reasonably extended period, CS shall be released from the delivery and service obligations. Insofar as CS is not responsible for the failure to meet the delivery deadline, the organizer shall have no claim for damages.
- Delivery shall be made to the best of our knowledge and belief on the agreed delivery date to the delivery address specified by the organizer. Special features concerning the place of delivery, such as construction sites, long ways, stairways, non-functioning elevators, etc., shall be communicated by the organizer when placing the order, so that CS can adjust to them in terms of time and organization. If CS lacks such information or if the circumstances concerning the place of delivery are particularly complex, CS reserves the right to charge an additional fee. Possible delays caused by difficult conditions at the place of installation are not at the expense of CS.
- Time delays must be expected with every delivery, which CS cannot influence even with great care. Any official permits or parking permits that may be required must be obtained by the organizer.
- Delays due to an act of nature beyond control, in particular traffic disruptions, shall not be borne by CS. In the event of delays due to previously mentioned reasons, the promised dates shall be postponed by the duration of the hindrance.
X. Buffet deliveries, non-food delivery
- If buffet deliveries are ordered by the organizer and the products of the Burrito Gang are not heated, cooled and freshly prepared on food trucks or mobile counters, the following regulations apply:
a. In the interest of quality and in view of the guidelines of the Food Hygiene Ordinance, the standing time of a buffet is limited to a maximum of three hours. After that time, the CS warranty ends.
b. CS shall not be liable for improper storage of the delivery item from the time of handover to the organizer.
- Dishes, cutlery, glasses, tents, benches, tables, chairs, tap equipment etc. remain the property of the lender. CS is entitled to enter the location to which the items have been brought in order to remove them. The organizer is only entitled to a right of retention with regard to recognized or legally established claims. If the locations are those in respect of which the organizer does not have domiciliary rights, the organizer must indicate this and hand over a permit from the authorized person. Upon delivery, the organizer shall check the items for completeness and intactness and, upon request, provide a written receipt. Unless caused by employees of CS, the organizer shall bear the risk of shrinkage, breakage and damage from the time of the handover. The purchase price is to be reimbursed.
3. Equipment received with the delivery is to be treated with care by the organizer. Crockery and glasses are to be placed in existing boxes in order to avoid transport damage. The organizer is fully liable for loss and damage until the equipment is picked up and taken over by CS.
XI. Defects and warranty
- Complaints due to obvious defects must be reported to CS in writing and specified immediately (if possible on site) after receipt of the service, but at the latest within 24 hours after the end of the event. Otherwise, the performance of CS shall be deemed accepted by the organizer.
- In the event of justified defects, CS shall be entitled to choose between rectification of defects and subsequent delivery. If the attempt to rectify the defect fails, the organizer can only reduce the price, provided that the defect is insignificant; withdrawal from the contract is excluded in this respect.
- CS assures to take care that the goods to be delivered are transported with utmost care and according to the regulations. CS is not liable for damages to the goods after delivery to the organizer due to improper handling, e.g. due to adverse storage temperatures.
4. The warranty does not extend to such defects which occur at the organizer’s due to natural wear and tear, humidity, strong heating or improper handling or improper storage. Similarly, the warranty does not extend to reasonable deviations in shape, dimensions, appearance, consistency, taste and other characteristics of the goods, especially food.
XII. Liability of CS
- If the delivery item cannot be used by the organizer in accordance with the contract due to the fault of CS as a result of omitted or faulty execution of suggestions and consultations made before or after conclusion of the contract or due to the violation of other contractual secondary obligations, the following regulations shall apply to the exclusion of further claims by the organizer: CS shall only be liable, for whatever legal reasons, for damages which have not occurred to the delivery item itself, in the following cases
- in case of intent,
- in case of gross negligence of the organs or executive employees,
- in case of culpable injury to life, body, health,
- in case of defects which CS has concealed or whose absence it has guaranteed,
- in case of defects of the delivery item, insofar as liability exists under the Product Liability Act for personal injury or property damage to privately used items.
- In case of culpable violation of essential contractual obligations, CS shall also be liable in case of gross negligence of non-executive employees and in case of slight negligence, in the latter case limited to the foreseeable damage typical for the contract.
- Further claims are excluded. This applies in particular to damages of any kind if the organizer does not return goods and food left over at the end of an event to CS, but distributes them to third parties.
- No liability shall be assumed for defective deliveries or services of external companies which CS has engaged on behalf of the organizer, unless CS can be proven to have intentionally or grossly negligently breached its duty of care in the selection and supervision of the external companies. If necessary, the organizer can demand the assignment of CS’s claims against the external company.
- CS shall also not be liable for defective deliveries or services of the organizer himself or third parties, in particular if the organizer brought food and beverages himself.
- The organizer is obliged to inform CS in due time about the possibility of an exceptionally high damage.
XIII. Liability of the organizer
- The organizer is liable for damages caused by guests, employees or agents of the organizer. The costs resulting therefrom shall be fully reimbursed to CS. In case of damage or theft of the used property of CS, this shall be fully charged to the organizer. If necessary, CS will demand the conclusion of suitable insurances from the organizer. CS shall in no case be liable for any property brought in in case of loss, breakage or damage.
- The duty of care of any rented items falls on the organizer from the time of takeover until the time of return. Any damage, shortage or loss shall be the responsibility of the organiser and shall be charged separately by CS.
XIV. Data protection
The stored data of the organizer will only be used for internal purposes and will not be passed on to third parties.
XV. Final provisions
- Changes or additions to the contract, the acceptance of the application or these terms and conditions for events should be made in writing. Unilateral changes or additions by the organizer are ineffective.
- If the organizer is a merchant, the place of performance and payment is the registered office of CS.
- The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – shall be Frankfurt am Main, provided that the organizer is a legal entity under public law or a merchant. If the organizer has no general place of jurisdiction in Germany, the place of jurisdiction shall also be Frankfurt am Main.
- German law shall apply.
- Should individual provisions of these General Terms and Conditions be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
Current status 31.01.2022