§ 1 Subject Matter of the Contract: The subject of these General Terms and Conditions (GTC) is the scope of services listed in the event agreement (EA) concluded between Hebeis Events oHG and the customer, which includes the catering services provided by Hebeis Events.
§ 2 Placing an Order by the Customer:
The customer orders the services listed in the EA in accordance with the General Terms and Conditions of Hebeis Events known to them.
The customer is obliged to provide the final guest count, which will be the basis for billing, to Hebeis Events in writing no later than 10 working days before the event begins. The 10-day deadline is determined by the receipt of the notification by Hebeis Events. The number of participants can be reduced once by a maximum of 10% of the agreed participant number up to 7 days before the start of the event without incurring any charges. Further reductions will be considered partial cancellations and will be billed according to § 8.
These guest count details, along with the services included in the order, are considered a guaranteed minimum contract content to be used as the basis for billing.
If additional orders for food, drinks, and other services are placed or the number of persons increases after the 7-day period or during the event, Hebeis Events will create an additional offer, provided the customer’s requested order can still be fulfilled.
§ 3 Additional Services:
To the extent that Hebeis Events orders services beyond the pure catering scope on behalf of the customer (artists, moderators, transfers, venues, etc.), these services are procured exclusively in the name and on behalf of the customer. The handling of these orders may, in individual cases and by separate agreement, be managed by Hebeis Events without Hebeis Events assuming any liability for the provided services.
Offers from Hebeis Events are valid for 14 days unless otherwise agreed.
§ 4 Scope of Services:
The Hebeis Events staff generally does not settle bills with the customer’s guests. If the customer desires billing by a Hebeis Events employee, a separate agreement is required.
Hebeis Events retains sole authority to issue instructions to the assigned staff.
§ 5 Performance Obstacles: If supply shortages of individual ingredients, food, drinks, or equipment occur due to circumstances beyond the control of Hebeis Events, Hebeis Events is entitled to supply comparable ingredients, food, drinks, or equipment.
§ 6 Loss or Damage of Rented Items:
The customer is liable for all damages caused by them, their agents, their guests, or other third parties in the sense of §§ 278 and 831 BGB in connection with the event, in accordance with the statutory provisions. The application of § 831 paragraph 1 sentence 2 BGB (exculpation of selection negligence) is excluded.
The customer indemnifies Hebeis Events from all third-party claims related to the event, insofar as these are attributable to the customer, their agents, or their guests. This also includes any administrative fines and violations that may be imposed on Hebeis Events as the operator of the premises in connection with the event.
§ 7 Complaints: Obvious defects can only be considered if the complaint is made immediately upon receipt of the goods or directly upon collection. The exchange of incorrectly ordered goods is not possible for food and beverages. Hidden defects in delivered goods (perishable food) must be reported to Hebeis Events immediately after discovery in writing. Hebeis Events assumes no liability for defects caused by improper storage of the goods by the customer. Complaints about served dishes can only be considered if they are made immediately after tasting the respective course.
§ 8 Cancellations / Withdrawal:
If the customer withdraws from the contract for a reason not attributable to Hebeis Events, Hebeis Events has the right to claim the following lump sums instead of a specifically calculated compensation claim:
– Up to 29 days before the event: 20% of the calculated net total amount
– 28 – 22 days before the event: 30% of the calculated net total amount
– 21 – 15 days before the event: 50% of the calculated net total amount
– 14 – 8 days before the event: 70% of the calculated net total amount
– 7 – 2 days before the event: 80% of the calculated net total amount
– 1 day before the event / on the event day: 90% of the calculated net total amount
Hebeis Events is entitled to withdraw from the contract for particularly important reasons not attributable to Hebeis Events, especially if:
– The deposit payment requested by Hebeis Events (§ 9) has not been received on the account specified by Hebeis Events by no later than 10 working days before the event date, despite a single reminder.
– Deliveries and services were ordered under misleading or false information of essential facts, e.g., concerning the identity of the event organizer or the purpose of the event.
– Hebeis Events has justified reasons to believe that the use of Hebeis Events’ deliveries and services may endanger the safety or reputation of Hebeis Events and its employees in public.
If Hebeis Events exercises this right of withdrawal, it retains the right to bill according to the cancellation regulations (§ 8). The customer is entitled to prove that no damage has occurred in this amount.
§ 9 Deposit / Billing:
For a net total amount of EUR 5,000 or more, Hebeis Events charges 75% of the calculated net total amount plus the applicable VAT as a deposit. This deposit is requested by a separate invoice and is to be paid to Hebeis Events no later than 14 days before the event begins. This deposit will be offset against the services listed in the final invoice.
The services of Hebeis Events are billed at the prices listed in the EA and for the scope mentioned therein, regardless of whether they were fully utilized by the customer. Any changes in the number of persons, subsequently ordered deliveries, and services are considered and billed according to §§ 2, 3. If a delivery/service is not listed in the EA, Hebeis Events is entitled to bill according to the generally valid prices in the gastronomy or at the usual hourly rates and the underlying total calculation at its reasonable discretion.
All personnel, beverage, and laundry services are estimated values and are billed according to actual expenses or usage. Beverage values are also calculated based on opened bottles or kegs. The services confirmed by the customer are designed for the agreed number of persons. Food, beverages, and equipment specially purchased for the event at the customer’s request and according to the EA will be billed to the customer at 100%. Any remaining items of these specially ordered and offered foods, beverages, and equipment can be taken by the customer after the event.
Billings for an order value of EUR 250.00 net or more are made separately for each event. Invoice amounts are due for payment within 10 days from the invoice date. In case of late payment, default interest will be charged at the statutory rate. Hebeis Events reserves the right to prove higher damage caused by default.
The customer is entitled to set-off rights only if their counterclaims are legally established, undisputed, or recognized by Hebeis Events.
§ 10 Transfer of Risk / Retention of Title:
The items delivered by Hebeis Events are considered handed over to the customer as soon as they arrive in the area of the event rooms.
All food, beverages, and consumables delivered to the customer remain the property of Hebeis Events until the final payment of the invoice.
§ 11 Warranty / Liability:
Hebeis Events assumes no liability for the loss of items, facilities, structures, or other valuables brought in by the customer, their guests, or their agents or assistants.
Hebeis Events is not liable for any damages caused by measures it takes to maintain safety and order. If the event is restricted, canceled, or terminated on the orders of authorities or Hebeis Events due to a misjudgment of risks, Hebeis Events is not liable for cases of simple negligence.
Liability for damages caused by initial defects in the provided premises and areas under § 536a BGB is excluded.
If the services of Hebeis Events are unexpectedly defective or incomplete, the customer must complain immediately. Hebeis Events is then obliged to deliver free of defects and in full, provided this can still be done during the respective event without significant delay. The right to withdraw or reduce the price is excluded in the event of timely replacement.
The liability of Hebeis Events for simple negligence is excluded unless essential contractual obligations are violated.
In the event of a breach of essential contractual components, the liability for damages of Hebeis Events for cases of simple negligence is limited to the foreseeable, contract-typical, direct average damage.
If the liability is excluded or limited according to the provisions of these GTC, this also applies to the agents and assistants of Hebeis Events.
Third parties, particularly guests and agents or assistants of the customer, cannot derive any rights against Hebeis Events from the contract. If Hebeis Events or its employees are claimed against by third parties due to non-fulfillment or breach of obligations that are incumbent on the customer according to the EA or the law, the customer shall indemnify Hebeis Events from these claims immediately upon first request.
The above exclusions and limitations of liability do not apply to culpably caused injuries to life, body, or health of persons, in the event of explicit guarantees of properties. Otherwise, the application of § 831 S. 2 BGB (exculpation from selection fault) to Hebeis Events is excluded.
§ 12 Overall Liability: If the liability for damages against Hebeis Events is excluded or limited, this also applies concerning the personal liability for damages of the employees, representatives, and agents or assistants of Hebeis Events.
§ 13 GEMA, Artists, Duty of Care, Other Permits:
The timely registration of GEMA-liable works with GEMA and the timely payment of GEMA fees are the sole responsibilities of the customer. Hebeis Events may require the customer to provide written proof of the registration of the event with GEMA and proof of payment of GEMA fees before the event. If the customer is unable or unwilling to provide the aforementioned proof, Hebeis Events may require a security deposit equal to the anticipated GEMA fees from the customer.
For all artists engaged by the customer or on behalf of the customer by Hebeis Events, the payment of applicable artist social security contributions to the artist social security fund, as well as the payment of income and sales taxes for artists with limited tax liability (domestic), is also the sole responsibility of the customer.
The customer is responsible for complying with traffic safety obligations for events in premises provided by them. The installation of decoration materials must be coordinated with Hebeis Events. The organizer/orderer is liable for damages to the facility or inventory during setup or takedown, regardless of fault.
The customer must obtain the necessary official permits and licenses for the event in good time and at their own expense.
Hebeis Events is entitled, respecting the general right to privacy, to take photos of all event formats on the event site for documentation purposes and to use them exclusively for its own advertising purposes. These photos will not be shared with third parties. If the customer does not agree with this, an alternative arrangement can be made in consultation with Hebeis Events.
The bringing of one’s own food and drinks to events by the customer is only permitted by prior arrangement. If the customer wishes deviations from this, they must be recorded in the event agreement, and the customer is obliged to pay a service fee or corkage fee as agreed.
§ 14 Prices / Order Acceptance:
All prices are net prices and are understood to be in Euros, including the applicable VAT.
If more than 6 months elapse between order acceptance (receipt of the acceptance declaration is decisive) and the start of the event, Hebeis Events reserves the right to adjust or change prices. If the total net offer price increases by more than 10%, the customer/tenant has a special right of termination, which must be exercised in writing immediately, but no later than on the third day after receipt of the corrected event price from Hebeis Events. The decisive factor for the timeliness is the receipt of the withdrawal declaration by Hebeis Events. Otherwise, the increased price is considered accepted and agreed upon by the customer/tenant.
All offers are non-binding until the order is accepted.
Orders without a signature cannot be processed. By signing, our General Terms and Conditions are recognized as part of the contract.
§ 15 Other Provisions, Severability Clause:
Amendments and additions to the event agreement must be made in writing. The same applies to changes to this requirement for written form.
If the EA is partially invalid or incomplete, this does not affect its validity in other respects. Instead of the invalid or missing provision, a provision shall apply that comes as close as possible to what the parties would have agreed if they had considered the invalidity or the gap. If such filling by interpretation is not possible, the parties undertake to agree on a regulation that comes as close as possible.
§ 16 Place of Jurisdiction and Place of Performance:
The law of the Federal Republic of Germany applies; the applicability of the UN Sales Convention is excluded.
Unless another mandatory legal place of jurisdiction is established, Langen is agreed as the place of jurisdiction.
As of 01.01.2019
