Conditions for Catering and Events.
I. Scope
These terms and conditions apply to contracts for the implementation of events such as banquets, breakfast & lunch breaks, caterings & events of any kind, as well as for all other related services and deliveries of Beba Restaurant in the restaurant in Berlin as well as off-site.
II. Conclusion of Contract, Partner, Liability, Statute of Limitations
- 1. The contract is concluded between the restaurant Beba and the customer, who are the contracting parties. The placing of the order and thus the conclusion of the contract takes place through the confirmation or payment of an offer or an invoice by the customer.
2. If the customer/orderer is not the organizer himself or if a commercial agent or organizer is engaged by the organizer, the organizer is jointly and severally liable with the customer for all obligations arising from the contract, provided that the Beba Restaurant has a corresponding declaration from the organizer.
The Beba Restaurant is liable for its obligations under the contract with the diligence of a prudent businessman.
If disruptions or deficiencies occur in the services of the Beba Restaurant, the Beba Restaurant will make every effort to remedy them as soon as it becomes aware of them or immediately notifies the customer. The customer is obliged to contribute what he can reasonably be expected to do in order to remedy the disturbance and to keep any possible damage to a minimum. In all other respects, the customer is obligated to notify the Beba Restaurant in a timely manner of the possibility of unusually high damages. All claims against the Beba Restaurant shall generally become time-barred one year after the statutory commencement of the limitation period. Claims for damages shall become statute-barred after five years regardless of knowledge. The reduction of the limitation period does not apply to claims that are based on an intentional or grossly negligent breach of duty by Beba Restaurant.
III. Services, Prices, Payment, Offsetting
- 1. The Beba Restaurant is obliged to provide the services ordered by the customer and promised by the Beba Restaurant.
2. The customer is obligated to pay the agreed or customary prices of Beba Restaurant for these and other services used. This also applies to services and expenses of Beba Restaurant to third parties arranged by him, in particular also to claims of copyright collecting societies (e.g. GEMA).
3. The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the event exceeds four months and if the price generally charged by Beba Restaurant for such services increases, the contractually agreed price may be increased appropriately, but by no more than 5%.
- 4. Invoices of Beba Restaurant without due date are payable within 10 days from receipt of the invoice without deduction. Beba Restaurant is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, Beba Restaurant is entitled to charge the applicable statutory interest on arrears, currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. Beba Restaurant reserves the right to prove higher damages. Beba Restaurant is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates may be agreed in writing in the contract. The customer may only offset or reduce a claim of Beba Restaurant with an undisputed or legally binding claim.
IV. Cancellation
By the customer: The customer can cancel the event/catering agreement at any time. If the event is cancelled more than 14 days before the event date, the customer should not pay any cancellation fees.
If the event is cancelled less than 14 days and more than 7 days before the event date, the client would pay a cancellation fee of 30% of the net value of the event.
If the event is cancelled less than 3 days prior to the event date, the client would pay a cancellation fee of 50% of the net value of the event.
By Beba: These terms and conditions apply to contracts for the implementation of events such as banquets, breakfast & lunch breaks, caterings & events of any kind, as well as for all other related services and deliveries of Beba Restaurant in the restaurant in Berlin as well as off-site. If Beba cancels, Beba will refund all monies previously paid by the customer. Beba Restaurant is entitled to withdraw from the agreement for factually justified reasons, for example if force majeure or other circumstances beyond Beba Restaurant’s control make it impossible to fulfill the agreement.
In the event of justified withdrawal by Beba Restaurant, the customer shall not be entitled to compensation for damages.
VI. Changes in the Number of Participants and the Time of the Event
- 1. A change in the number of participants by more than 5% must be notified to Beba Restaurant at least two working days before the start of the event; it requires the written consent of Beba Restaurant.
- 2. A reduction in the number of participants by the customer by a maximum of 5% will be recognized by the billing department during invoicing. In the event of deviations exceeding this, the originally agreed number of participants less 5% shall be taken as a basis. The customer has the right to reduce the agreed price by the expenses saved due to the lower number of participants, which must be proven by him.
3. In case of upward deviation, the actual number of participants will be calculated.
4. In case of deviations in the number of participants by more than 10%, Beba Restaurant is entitled to reset the agreed prices as well as to change the confirmed rooms, unless this is unreasonable for the customer.
5. If the agreed start or end times of the event are postponed and the Beba Restaurant agrees to these deviations, the Beba Restaurant may reasonably charge for the additional readiness to perform, unless the Beba Restaurant is at fault.
VII. Bringing of Food and Drinks
The customer may not bring food and beverages to events in principle. Exceptions require a written agreement with Beba Restaurant. In these cases, a contribution to cover overhead costs will be charged (corkage fee).
VIII. Technical Equipment and Connections
- 1. Insofar as Beba Restaurant procures technical and other equipment from third parties for the customer at the customer’s instigation, it acts in the name of, on the authority of and for the account of the customer. The customer is liable for the careful handling and proper return. The customer shall indemnify Beba Restaurant against all claims of third parties arising from the provision of these facilities.
2. The use of the customer’s own electrical equipment using the power supply system of the Beba Restaurant requires their written consent. Any malfunctions or damage to the technical equipment of the Beba Restaurant caused by the use of such equipment shall be borne by the customer, unless the Beba Restaurant is responsible for such malfunctions or damage.
3. Malfunctions of technical or other equipment provided by Beba Restaurant shall be remedied immediately, if possible. Payments may not be withheld or reduced insofar as Beba Restaurant is not responsible for these disruptions.
IX. Loss of or Damage to Items brought along
1. Exhibition or other, also personal items carried along are at the risk of the customer in the event rooms/the restaurant. The Beba Restaurant assumes no liability for loss, destruction or damage, also not for financial losses, except in the case of gross negligence or intent on the part of the Beba Restaurant. This does not apply to damages resulting from injury to life, body or health. In addition, all cases in which, due to the circumstances of the individual case, the custody represents a duty typical for the contract, are excluded from this exemption from liability.
2. Decorative materials brought to the event must comply with fire safety requirements. Beba Restaurant is entitled to demand official proof of this. If such proof is not provided, Beba Restaurant is entitled to remove any material already brought in at the customer’s expense. Due to possible damage, the installation and attachment of objects must be coordinated with Beba Restaurant in advance.
3. Exhibition or other objects brought along are to be removed immediately after the end of the event. If the customer fails to do so, Beba Restaurant may remove and store them at the customer’s expense.
X. Liability of the Customer for Damages
1. If the customer is an entrepreneur, he is liable for all damages to the building or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
2. The Beba Restaurant may require the customer to provide appropriate collateral (e.g. insurance, deposits, guarantees).
XI. Final Clause
- 1. 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 customer are ineffective.
2. Place of performance and payment is Berlin.
The exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – in commercial transactions shall be the registered office of Beba Restaurant. If a contractual partner fulfills the requirements of Sect. 38 para. 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall also be Berlin.
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.