§ 1 Application of terms
These Terms and Conditions apply for the services offered by The Catering Company Deutschland GmbH. All future deliveries, services or offers to the customer shall be subject exclusively to these Terms and Conditions, even without additional express stipulation.
The customer’s own Terms and Conditions shall not apply or require any specific objection on the part of The Catering Company Deutschland GmbH. No response or referral to correspondence comprising or referring to Terms and Conditions other than those set forth by The Catering Company Deutschland GmbH shall be taken as agreement to these other Terms and Conditions.
§ 2 Quotation and contract acceptance
All quotations given by The Catering Company Deutschland GmbH are non-binding and may be subject to change, unless they have been specifically marked as binding or entail an acceptance period. The Catering Company Deutschland GmbH may accept orders or commissions within 14 days of receipt. The availability of food such as fruit may be subject to seasonal fluctuations. We reserve the right to replace such items with comparable items at identical cost and without prior notice.
Specifications describing services or goods provided by The Catering Company, e.g. weight, dimensions, utilization values, loading capacities, tolerances and technical data, as well as depictions of these services or goods, e.g. drawings or pictures, shall not constitute a guarantee for certain features, but rather function only as a description or characterization of said services or goods. Pictures of food, drinks, staff or equipment should be seen as examples. The appearance of our services may (if not contractually agreed) deviate from our pictures.
§ 3 Price and payment
Prices shall apply to the services and scope of delivery set forth in the order confirmation. Additional or special services shall be invoiced separately. Food, beverages, personnel and equipment ordered from the contractor during trade shows, events etc. will be charged according to the contract prices specified by The Catering Company Deutschland GmbH. Prices are given in Euros and do not include VAT or, in the case of export shipments, customs. Public dues and fees, where applicable, are not included.
We shall charge a 150.00 € delivery flat for transactions averaging less than 1000.00 € per trade show day.
No offset of payments against counterclaims nor deduction from any payment shall be made by the customer, unless these counterclaims are undisputed and legally established.
An advance payment of 50 % of the order sum is due against invoice on awarding of contract and is to be paid at least 14 days before the start of the trade fair. A final invoice will be issued at the end of the event and is payable 14 days after date of invoice.
§ 4 Supply and delivery time
The Catering Company Deutschland GmbH shall provide catering services at the customer’s trade show booth or, in the case of an event, prior to and in time for the event.
Set-up: at least one day before the start of the event, or as per agreement / Breakdown: at the conclusion of the event
The Catering Company Deutschland GmbH shall not be held accountable for delay or failures of delivery, insofar as they result from force majeure or any circumstances beyond the reasonable control of The Catering Company, including circumstances unforeseeable at the time of the signing of the contract. Should such circumstances significantly hamper, or prevent, the execution of the agreed upon services, or should the interference with said services be of longer duration, then The Catering Company Deutschland GmbH is entitled to withdraw from the contract. In case of temporary obstacles, deadlines for delivery and performance of services shall be extended and scheduled delivery or performance dates shall be postponed by an appropriate time period in addition to a margin for start-up.
§ 5 Warranty
The Catering Company Deutschland GmbH vouches to ensure that contracted goods are transported meticulously and according to standard regulations. The customer shall inspect the goods conscientiously and thoroughly. Immediately upon delivery, obvious defects and deviations from the agreed-upon quantity of goods must be reported and noted on the delivery note. The Catering Company Deutschland GmbH will not assume liability for damage due to force majeure. The contractor should be notified immediately via telephone in case of defective or incomplete delivery in order to ensure that missing or incorrectly delivered installments may be amended.
In case of verifiable defects, The Catering Company Deutschland GmbH shall be entitled to remedy the defect or to deliver replacement free of charge at their discretion. Complaints or objections lodged at a later time shall preclude the customer’s right to a replacement or deduction.
A minimum order quantity of 25 portions applies to the delivery of meals. Otherwise a small quantity supplement will be charged. Any exceptions are to be agreed with the Catering Company in advance.
Started packages, casks, barrels and other units will be charged fully.
§ 6 Cancellation
If confirmed orders are being canceled by the customer, we charge 80 % of the expected order amount. The base for this is the cost estimate of the order confirmation. From 30 days before the agreed delivery date, we charge 100 % of the order volume.
§ 7 Limitation of liability
The customer may provide food and drinks only if The Catering Company Deutschland GmbH has given consent prior to the event. We shall not assume responsibility for the quality of such food and drinks. Furthermore, The Catering Company Deutschland GmbH cannot be made liable for the quality of supplies if the customer has taken responsibility for nighttime electricity, especially for refrigeration, and any power shortages or outages occur.
For customers whose contract comprises delivery of supplies only and who will be realizing subsequent processing themselves, passing of risk shall occur at the time of delivery. In this case, The Catering Company Deutschland GmbH shall guarantee neither for the condition of supplies after the time of delivery, nor for processed product.
§ 8 Equipment
In the event that the customer requests The Catering Company Deutschland GmbH to rent technical or other equipment and/or facilities from a third party, then The Catering Company Deutschland GmbH shall be understood to be acting on behalf of the customer. The customer shall ensure the proper treatment and due return of said equipment. The customer shall exempt The Catering Company Deutschland GmbH from any and all claims by third parties pertaining to the procurement and conveyance of these facilities.
Furthermore, it shall be incumbent upon the customer, from the time the equipment is transferred to him or her until such time as it is returned, to exercise due diligence with respect to equipment and facilities. The organizer shall be billed for costs for repairs and/or replacement of equipment or facilities damaged or lost through the fault of the customer, his guests, employees or agents. The same applies to equipment of The Catering Company Deutschland GmbH provided during any event. Taking back is made with reservation, because exact missing and broken quantities as well as damages can only be ascertained after completely having finished the process of cleaning the goods.
§ 9 Personnel
Our fees include the following items and services:
Social insurance contributions (employer’s contribution to health, long-term care, statutory pension and unemployment insurances as well as contributions to trade associations)
Administration and disposition (human resources planning, payroll accounting and salary processing)
Additional liability insurance for all personnel
Expenses for accommodations and travel
The customer shall instruct the head host or hostess with his/her team (as per the contract) in preparation of order fulfillment at the booth. The customer shall designate a responsible contact from his or her organization who will be available throughout the event to confer with the host/hostess.
Briefing, instruction and supervision of personnel shall be carried out exclusively by The Catering Company Deutschland GmbH, regardless of the customer’s right to monitor the satisfactory execution of his/her commission as per agreement. We will charge minimum briefing time of 2 hours per staff member.
The Catering Company Deutschland GmbH shall designate a head host or hostess who will co-ordinate guest relations for the duration of the event. He or she will serve as functional and disciplinary supervisor for all Catering Company personnel at the event. In the event that consultation becomes necessary during the event, the head host or hostess shall be the customer’s contact. The customer shall inform the head host or hostess exclusively in all matters related to personnel questions.
The daily rate is based on the official trade show hours, up to a maximum of nine hours, including breaks (75 minutes). Specific working hours shall be coordinated with the customer.
Full daily rates will be charged, even if the customer expressly dismisses personnel employed by The Catering Company Deutschland GmbH (or our agents) prematurely and without consulting us.
§ 10 Small operating equipment
Food and drinks shall be delivered on rented equipment such as platters and warming plates. Our offer shall include other necessary rented equipment such as tableware, cutlery, glasses, ashtrays and linen. The customer agrees to have all rented equipment ready for pick-up at the agreed upon time. Should pick-up of the rented equipment not be possible because the customer is not present at the agreed upon time, The Catering Company Deutschland GmbH reserves the right to charge extra time, mileage and fees for equipment rental where applicable. The customer shall be responsible for all rented equipment throughout the event, from the time of delivery to pick-up.
§ 11 Authorization of events
The customer agrees to secure authorization of events from the relevant authorities in due time and at his or her own cost. It is incumbent on the customer to ensure that all regulations and requirements are abided by. The customer shall be responsible for obtaining all required authorization necessary for the scheduled event.
§ 12 Final provisions
(1) Jurisdiction and venue for all disputes arising from the contract between the contractor and the customer shall rest in Holzwickede. Mandatory legal provisions governing exclusive jurisdiction shall remain unaffected by this clause.
(2) Relations between the customer and The Catering Company Deutschland GmbH shall be governed by and construed according to the laws of the Federal Republic of Germany exclusively.
(3) Insofar as the contract or the Terms and Conditions specified here make no provision for a specific point, those regulations shall apply to which the customer and The Catering Company Deutschland GmbH would have agreed according to the relevant economic purposes of the contract and these Terms and Conditions, had they known beforehand of their existence.
Data storage and protection
To the extent that it is necessary for order processing, the customer’s personal data will be stored.
The customer shall give his or her consent to the storage of data. All personal data will be treated as confidential.
With his order, the customer declares that he or she has read the Terms and Conditions set forth here and accepts these as legally binding.