Conditions

General Terms and Conditions (GTC) of Cafe Afro


I. Scope of Application:
1. the following terms and conditions apply to contracts for the rental of event rooms of the restaurant for the holding of events, including the related further services and deliveries of the restaurant, as well as to contracts for the delivery of food and beverages of the restaurant outside the restaurant premises.

 

2. the customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.

3. subletting or reletting of the rooms or areas provided as well as invitations to job interviews, sales or similar events require the prior consent of the restaurant, whereby § 540 para. 1 sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.

II Conclusion of Contract, Contracting Parties, Liability, Statute of Limitations
(1) The contract is concluded by the Restaurant's acceptance of the Customer's application; these are the contracting parties.

2. if the customer/orderer is not the organizer himself or if a commercial intermediary 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 restaurant has a corresponding declaration from the organizer.

3. The Restaurant shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages arising from injury to life, body or health if the Restaurant is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the Restaurant and damages based on an intentional or negligent breach of duties typical for the contract by the Restaurant. A breach of duty by a legal representative or vicarious agent shall be deemed equivalent to a breach of duty. In the event of disruptions or defects in the services of the Restaurant, the Restaurant shall endeavor to remedy the same upon knowledge thereof or upon immediate complaint by the Customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum. In addition, the customer is obligated to inform the restaurant in a timely manner of the possibility of extraordinary damage.

4) All claims against the Restaurant shall become statute-barred one year after the beginning of the regular statute of limitations according to § 199 para. 1 BGB (German Civil Code). Claims for damages shall become statute-barred after five years, irrespective of knowledge. The reductions in the statute of limitations shall not apply to claims based on an intentional or grossly negligent breach of duty by the Restaurant.


III. services, prices, payment, set-off:
1. the restaurant is obliged to provide the services ordered by the customer and promised by the restaurant.

2. the customer is obliged to pay the agreed or usual prices of the restaurant for these and further services used. Unless otherwise agreed, the prices of the respective posted or displayed menus/daily menus shall be deemed to be agreed.

3. all offered meals can be arranged or changed according to the wishes of the customer. Changes may result in a price that differs from the menu cards/daily menu cards.

4. all prices lose their validity with the appearance of a new menu / daily menu.

5. the customer is obligated to reimburse the restaurant for the services and expenses of the restaurant arranged by him to third parties, in particular also claims of copyright exploitation companies.

6. the agreed prices include the respective legal 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 the Restaurant for such services increases, the contractually agreed price may be increased appropriately, but by no more than 5%.

7. invoices of the Restaurant are payable immediately without deduction. The Restaurant is entitled to declare accrued claims due at any time and to demand payment without delay.

8. the 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.

9. the customer can only offset or reduce a claim of the restaurant with a claim that has been acknowledged in writing or has been legally established.

10. the restaurant will provide all agreed upon meals & beverages, as far as there are no further agreements in written form, in sufficient form. For food or beverages that have gone out, there is no further claim for subsequent provision if the full service has been provided by the Restaurant. In the case of beverage packages, the Restaurant may offer a substitute item or provide a corresponding substitute, if this is possible and agreed arrangements are in place.

11. if there are no agreements about the duration of lump sums, the agreed lump sum ends at the latest 7 hours after the beginning of the event (arrival time).


IV. Withdrawal of the customer (cancellation)
)1 The Customer's withdrawal from the contract concluded with the Restaurant free of charge shall require the Restaurant's written consent. If this does not take place, the agreed advance payment from the contract as well as services arranged with third parties are to be paid in any case, even if the customer does not use contractual services and a further renting is no longer possible. This shall not apply in the event of a breach of the Restaurant's obligation to show consideration for the rights, legal assets and interests of the Customer, if the Customer can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of rescission.

2. If the Restaurant and the Customer have agreed in writing on a date for withdrawal from the contract free of charge, the Customer may withdraw from the contract up to that date without triggering any claims for payment or damages on the part of the Restaurant. The customer's right to withdraw from the contract expires if he does not exercise his right to withdraw from the contract in writing to the restaurant by the agreed date, unless there is a case according to number 1, sentence 3.

3. if the customer withdraws only between the 8th and 4th week before the date of the event, the restaurant is entitled to charge 35% of the lost meal turnover, and 70% of the meal turnover for any later withdrawal.

4. the calculation of the meal turnover is based on the formula: Menu price of the event x number of participants. If no price has yet been agreed for the menu, the cheapest menu of the currently valid event offer shall be used as a basis. If a flat rate per participant has been agreed upon, the Restaurant shall be entitled to charge a flat rate per participant in the event of cancellation between the 8th and 4th week prior to the event.

5. In the event of a cancellation between the 8th and 4th week prior to the date of the event, the Restaurant shall be entitled to charge 60% of the flat rate per participant, and in the event of a later cancellation, 85% of the flat rate per participant x the agreed number of participants.

6. the deduction of saved expenses is taken into account by numbers 3 and 5. The customer is free to prove that the above claim did not arise or did not arise in the amount claimed.

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V. Withdrawal of the Restaurant
(1) If the customer's right to withdraw from the contract free of charge within a certain period of time has been agreed upon in writing, the restaurant shall be entitled to withdraw from the contract within this period of time if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw from the contract in response to inquiries from the restaurant.

2. If an agreed advance payment or an advance payment required in accordance with Clause III No. 5 above is not made, the Restaurant shall also be entitled to withdraw from the contract.

3. Furthermore, the Restaurant is entitled to withdraw from the contract for objectively justified reasons, for example in the event of
- Force majeure or other circumstances beyond the Restaurant's control make it impossible to fulfill the contract,
- events are booked under misleading or false information of essential facts, e.g. the customer or the purpose,
the Restaurant has reasonable grounds to believe that the events may jeopardize the smooth operation of the business, the safety or the public reputation of the Restaurant without this being attributable to the Restaurant's sphere of control or organization. - A violation of clause I No. 2 above exists. 4.

4. in the event of justified withdrawal by the Restaurant, the Customer shall have no claim for damages.

VI. Change in the Number of Participants and the Time of the Event

1. the restaurant must be notified of any change in the number of participants by more than 5% no later than five working days before the start of the event; such change shall require the restaurant's written consent.

2. a reduction in the number of participants by the customer by a maximum of 5% will be recognized by the restaurant when billing. In the event of deviations exceeding this, the originally agreed number of participants less 5% shall be used 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 the event of an upward deviation, the actual number of participants will be charged.

 

4. In case of deviations in the number of participants by more than 10%, the restaurant is entitled to reset the agreed prices and to change the confirmed rooms. 5.

4. If the agreed start or end times of the event are postponed and the Restaurant agrees to these deviations, the Restaurant may reasonably charge

 

5. If the agreed start or end times of the event are postponed and the Restaurant agrees to these deviations, the Restaurant may charge a reasonable fee for the additional service provided, unless the Restaurant is at fault.


VII. Bringing Food and Beverages

The Customer may not bring food and beverages to events as a matter of principle.

VIII Technical Facilities and Connections
1. Insofar as the Restaurant procures technical or other equipment from third parties for the Customer at the Customer's instigation, it shall act 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. He shall indemnify the Restaurant against all claims of third parties arising from the provision of this equipment.

2. the use of the customer's own electrical equipment using the restaurant's power supply system requires the restaurant's written consent. Any malfunctions or damage to the Restaurant's technical equipment resulting from the use of such equipment shall be borne by the Customer, unless the Restaurant is responsible for such malfunctions or damage. The Restaurant may charge a lump sum for the electricity costs incurred by the use of such equipment.

3. the Customer is entitled, with the Restaurant's consent, to use its own telephone, fax and data transmission equipment. The Restaurant may charge a connection fee for this.

4. if suitable equipment of the restaurant remains unused due to the connection of the customer's own equipment, an outage fee may be charged.

5. malfunctions of technical or other equipment provided by the restaurant will be remedied immediately if possible. Payments may not be withheld or reduced insofar as the Restaurant is not responsible for these malfunctions.

IX Loss or damage of items brought along
1. exhibition or other items, including personal items, brought along are located in the event rooms or in the restaurant at the customer's risk. The Restaurant accepts no liability for loss, destruction or damage, including financial loss, except in the event of gross negligence or intent on the part of the Restaurant. Excluded from this are damages resulting from injury to life, body or health. In addition, all cases in which the custody represents a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.

2. material brought along has to comply with the fire protection requirements. The Restaurant is entitled to demand official proof if necessary. If such proof is not provided, the Restaurant shall be 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 the Restaurant in advance.

3. exhibits and other objects brought in must be removed immediately after the end of the event. If the customer fails to do so, the Restaurant may remove and store them at the customer's expense. If the items remain in the event room, the Restaurant may charge reasonable compensation for use for the duration of their retention. The customer is free to prove that the above claim has not arisen or has not arisen in the amount claimed.

X. Liability of the customer for damages
1. the customer 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 restaurant may require the customer to provide appropriate security (e.g. insurance, deposits, surety).
XI. Special Provisions for Contracts for the Delivery of Food and Beverages Outside the Restaurant Premises

1. In the case of contracts with customers for the delivery of food and beverages to a delivery address designated by the customer, in particular for events outside the restaurant premises, Sections II and III shall apply accordingly.

2. the preparation of the offered meals takes place after arrangement on all weekdays incl. Sundays and holidays.

3. in the case of delivery, pro rata travel costs will be charged, unless otherwise agreed, in the amount of € 1.50/km.

4. delivery ordered up to 24 hours before the start of the event shall be deemed to have been agreed both with regard to the type of food and beverages and the quantity ordered or the number of persons to be supplied.

5. as far as for the purpose of assistance with the meeting of the restaurant personnel is made available (reservation duration at least two hours/max. five hours) the following costs are computed to the customer:
a) Cook: € 35.00/hour plus 19 % MST incl. travel to/from the event.
b) Service person: € 25,00/hour plus 19 5 VAT incl. journey/departure

6. all reusable items are only provided on loan and must be returned cleaned on the following day, otherwise cleaning costs will be charged or, in the event of damage/loss, the replacement value will be invoiced.

The invoice enclosed with the delivery is payable immediately without deduction, suitably in cash with the respective supplier, by EC cash or cash with return of the tableware on the following day or by transfer to the account indicated in the invoice within seven days. The Restaurant is entitled to call in accrued debts at any time and to demand payment without delay.

XII Final Provisions
1. changes or additions to the contract, the acceptance of the application or these terms and conditions as well as the waiver of the written form must be made in writing. Unilateral amendments or supplements by the customer are invalid.

2. place of performance and place of payment is the seat of the restaurant.

3. the exclusive place of jurisdiction - also for disputes concerning checks and bills of exchange - in commercial transactions shall be the restaurant's registered office. If a contracting party fulfills the prerequisite of § 38 para. 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the Restaurant.

4. Austrian law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

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