§ 1 Subject matter of the contract
The General Terms and Conditions (GTC) of Culivento GmbH govern the scope of services listed in all concluded contracts and all non-binding offers between Culivento GmbH (contractor) and the customer / tenant (client). They apply to both private and business clients (merchants).
All offers made by Culivento GmbH are subject to change and non-binding. Each offer is valid for a maximum of 7 days. An update does not mean an extension of the validity.
Orders are only accepted in writing or by e-mail. Agreements made by telephone are non-binding and are subject to written confirmation.
A contract shall be deemed to have been bindingly concluded when a written order placement by the client is confirmed by Culivento GmbH and the managing directors. This must also be done in the case of verbal agreements.
Furthermore, the equipment provided for the event (e.g. tableware, working materials, decoration, furniture) shall remain the property of Culivento GmbH.
If the customer requests delivery of the order to a location other than that agreed, the customer shall bear the risk of any damage to the goods until delivery.
Culivento GmbH reserves the right to make minor and non-depreciating changes to the menu and food offer, insofar as seasonal and quality conditions conflict with the quality standards of Culivento GmbH.
§ 2 Reservation and rental of rooms and seats
Culivento GmbH also offers rooms and infrastructure for events as part of its service portfolio. In the event of cancellation by the client, the client shall bear all costs incurred. If Culivento GmbH acts as an intermediary for an event, the terms and conditions of the operator or landlord of the respective venue shall also apply from the contract onwards. Culivento GmbH shall not assume any liability for the services and conduct of third parties or brokered contractual partners.
§ 3 Event personnel
The Contractor shall recommend the type, number and working hours of the required event personnel. These shall be based on the statutory regulations and the specifications and experience of Culivento GmbH. A change can only be made in agreement with the responsible persons of Culivento GmbH and must be recorded in writing. Defects that are attributable to such a change cannot be objected to.
Only the managing directors of Culivento GmbH and those commissioned by the managing directors shall be authorized to issue instructions to the personnel provided or employed by Culivento GmbH. The contractor assumes no liability for damages caused by the instructions of the client or third parties.
§ 4 Delivery
Culivento GmbH shall carry out a delivery in accordance with the contract and the agreements made with the client. Agreed deadlines are binding. A delivery delayed by up to 15 minutes shall be deemed to be on time and shall not constitute a breach of contract.
Should the Contractor be unable to deliver on time due to unforeseeable, exceptional and unavoidable circumstances, excluding intent and gross negligence, the Contractor shall be released from the obligation to deliver and perform. The Client agrees to waive any claims for damages in this respect. Examples of the circumstances described may include interventions by the authorities, short-term operational disruptions at Culivento GmbH and traffic jams. In this case, the Contractor shall notify the Client immediately.
If the delivery address has been inadequately or incorrectly communicated to the Contractor by the Client, the Client shall bear the risk of any damage to the shipment and delayed delivery. He must also pay for any additional costs incurred by the Contractor.
§ 5 Terms of payment
Unless otherwise agreed in the written agreements, invoice amounts are due 10 days from the date of invoice without deduction and without a term of payment.
Upon conclusion of the contract and an order value of EUR 2000 or more, the client must make a down payment of 50% of the invoice amount. This must be credited to the Contractor’s account no later than 10 working days before the date of the event or the date on which the service is to be provided. In the event that the client fails to make the down payment, the contractor may withdraw from the contract and the conditions in §6 shall apply.
In the event of late payment, the Contractor shall charge interest on arrears. This shall be at least 5% above the base interest rate. Further damages incurred may be claimed separately by the Contractor. The services and deliveries shall remain the property of Culivento GmbH until all claims have been paid. Postponement or suspension of payment by the Customer shall only be permitted with the written consent of the Contractor or if the Contractor is aware of a legally enforceable claim.
§ 6 Cancellation
If the Client or the Contractor withdraws from the contract or if the contract is canceled, performance and delivery shall cease. In this case, the Client undertakes to pay the agreed remuneration and the costs of third parties to the Contractor.
The following costs or claims shall be incurred by the Client in the event of cancellation
≤ 5 working days 80%
≤ 10 working days 40%
> 10 working days 20 %
§ 7 Number of persons
The quantity and size of the delivery and/or service shall be calculated according to the number of persons specified in the contract, as agreed or according to general validity. The number of persons may be reduced free of charge up to 14 working days and up to 10% of the total number of persons prior to the delivery and/or service. This does not apply to event costs already incurred and costs for the reservation and rental of rooms and spaces (§2). In the event of a reduction in the number of persons of more than 10% of the total number of persons, the cancellation conditions from §6 shall apply to the entire number of persons canceled.
§ 8 Defects & Complaints
The client or his authorized representative shall accept the delivery and/or service. If they are not present, the client recognizes the service and/or delivery as proper and in accordance with the contract.
If there are reasons for complaints, the client is obliged to inform the contractor of these immediately upon delivery so that rectification can be made possible. If this possibility is not given, a subsequent price reduction is excluded.
It is not possible to exchange or take back goods or services incorrectly ordered by the client upon delivery or from the time of performance.
§ 9 Liability
The client shall be liable for the handling and storage of the delivered goods and equipment from the time of delivery. This includes loss, breakage and shrinkage. The Contractor shall not be liable for the performance, delivery and conduct of third parties.
The Contractor cannot be held liable for the absence of official permits and for actions contrary to regulations which are based on the contractual provision of services. The client undertakes to obtain all necessary permits.
A ban on events, use or other refusals shall not entitle the client to withdraw from the contract or cancel the order. The client is also familiar with the fire safety regulations in general and those of the event location.
The client is instructed to insure himself against the described risk of an event ban or similar and to provide evidence of this to the contractor on request.
The Contractor shall not be liable for the checkroom and valuables or for personal injury, property damage and financial loss suffered by guests and third parties.
§ 10 Prices
Only prices that have been confirmed by the contractor in writing and in accordance with the contract shall apply. These are not transferable. Offers or price lists are non-binding. If a contractual offer is not accepted by the Client within the binding period, the offer shall lapse and may have to be renegotiated.
The Contractor shall not be liable for GEMA fees, costs for securing the event, credit card fees or any other costs that may be necessary to carry out the event.
§ 11 Miscellaneous
Should individual parts of the contract become ineffective, this shall have no effect on other parts of the contract. Ineffective components must be negotiated immediately by the Contractor and the Client and replaced by similar written and effective contractual components.
All offers, recipes, calculations and business concepts prepared by the Contractor are subject to copyright. They may not be passed on to third parties.
The law of the Federal Republic of Germany shall apply; the application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws shall be excluded. “The contractual relationship shall be governed by German law.” Insofar as no other legally binding place of jurisdiction is established, Berlin is agreed as the place of jurisdiction. The place of performance for delivery, handover and payment is Berlin.
Status 31.03.2020