GENERAL TERMS AND
GENERAL TERMS AND
CONDITIONS OF BUSINESS of
GOOSE Gourmet GMBH
§ 1. general / scope of application
1.1 These terms and conditions apply to event agreements concluded between GOOSE Gourmet GmbH and the client/tenant (hereinafter referred to as "client") and with the associated catering services provided by GOOSE Gourmet GmbH and any subsequent disputes arising therefrom.
We object to any deviating terms and conditions of our clients.
1.2 Our GTC shall also apply to all future business with the client until new GTC are announced.
§ 2 Prices / Acceptance of order
2.1 All prices are net prices and are quoted in Euro plus the applicable value added tax.
2.2 We reserve the right to increase our prices appropriately if there are at least 4 months between the conclusion of the contract and the date of the event and if cost increases occur after the conclusion of the contract, in particular due to collective agreements or increases in the price of materials. We will provide the customer with evidence of such increases on request. In case of substantial price increases, the customer has the right to withdraw from the contract.
2.3 Until acceptance of the order, all offers are subject to change.
2.4 The acceptance of the offer can only be made with the signature of the customer or his representative.
§ 3 Partial cancellation by the customer
Up to 14 days before the start of the event, the customer is entitled to reduce the number of guests on which the calculation is based by up to 10% on a one-off basis with a corresponding price adjustment. For the calculation of the time limit, the date of receipt of the reduction notice by GOOSE Gourmet GmbH shall be decisive.
Any subsequent reduction of the number of guests on which the calculation is based shall be calculated in accordance with § 9 "Cancellation/rescission".
§ 4 Other services
For its part, GOOSE Gourmet GmbH does not commission artists, guest transfers or rent rooms for the client. This must be done by the client himself. Goose Gourmet GmbH can gladly provide contact details.
§ 5 Collection and authority to issue instructions
5.1 If the client wishes GOOSE GmbH to bill the client's guests, this shall require an express agreement.
5.2 Goose GmbH alone is authorized to issue instructions to the personnel it provides.
§ 6 Delivery Bottlenecks
If ingredients, food, drinks or equipment are not available at reasonable prices at the time of the event, GOOSE GmbH shall be entitled to supply comparable, equivalent ingredients, food, drinks or equipment instead, provided this is reasonable for the client.
§ 7 Complaints
Entrepreneurs must report obvious defects immediately after delivery of the goods, hidden defects immediately after discovery. Otherwise they lose their warranty claims.
§ 8 Retention of title
All food, drinks and consumables delivered to the customer remain the property of GOOSE Gourmet GmbH until final payment of the invoice.
§ 9 Termination / Withdrawal
9.1 If the customer terminates the contract for a reason for which GOOSE Gourmet GmbH is not responsible, GOOSE Gourmet GmbH may choose to apply the following flat rates instead of a specifically calculated compensation claim:
Up to 29 days before the start of the event: 50% of the agreed net total
28 - 15 days before the start of the event: 60% of the agreed net total
14 - 8 days before the start of the event: 70% of the agreed net total
7 - 5 days before the start of the event: 80% of the agreed net total
4 - 1 days before the start of the event: 90% of the agreed net total
On the day of the event: 100% of the agreed net total
The customer is free to prove lower damages.
9.2 GOOSE Gourmet GmbH shall have the right to withdraw from the contract or terminate the contract for good cause, in particular if
(a) the agreed deposit payment is not received within the time limit and a reminder with a deadline has been sent; or
(b) goods and services have been ordered under false or misleading statements of material facts, for example concerning the person of the organiser or the purpose of the event; or
c) GOOSE Gourmet GmbH has reasonable grounds to believe that the use of its goods and services may endanger the safety or reputation of GOOSE Gourmet GmbH and its employees in the public.
9.3 If GOOSE Gourmet GmbH exercises its right of withdrawal or terminates the contract for an important reason attributable to the customer, GOOSE Gourmet GmbH retains the right to settlement of accounts in accordance with the above cancellation regulations.
§ 10 Set-off
The customer may only offset claims that have been legally established or acknowledged by GOOSE Gourmet GmbH.
§ 11 Third party claims and fines
The customer shall indemnify GOOSE Gourmet GmbH from all claims of third parties and fines in connection with the event, insofar as the customer, his vicarious agents or his guests are responsible for the event.
§ 12 Limitation of liability
GOOSE Gourmet GmbH is not liable for slight negligence of its representatives or vicarious agents.
However, if GOOSE Gourmet GmbH violates essential contractual obligations, thereby jeopardizing the achievement of the purpose of the contract, liability in case of slight negligence shall be limited to the foreseeable damage typical for the contract.
The foregoing limitations and exclusions of liability shall not apply in case of injury to life, body or health.
§ 13 GEMA
The timely notification of works subject to GEMA to the GEMA and the timely payment of GEMA fees are the sole obligations of the customer. GOOSE Gourmet GmbH may demand from the client in due time before the event that he/she submits written proof of the registration of the event with GEMA as well as written proof of payment of the GEMA fees. If the customer is not able to provide the aforementioned proof or is not willing to do so, Die GOOSE Gourmet GmbH may demand a security deposit from the customer in the amount of the anticipated GEMA fees.
§ 14 Place of jurisdiction, choice of law
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Frankfurt am Main and the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
For the out-of-court settlement of consumer disputes, the European Union provides an online platform ("OS Platform") at https://ec.europa.eu/consumers/odr .
We are neither willing nor obliged to participate in online dispute resolution in consumer matters.