General Terms and Conditions
of GOOSE Gourmet GmbH
§ 1. General / Scope
1.1. These terms and conditions apply to event agreements concluded between GOOSE Gourmet GmbH and the client/lessee (hereinafter referred to as "customer") and the associated catering services provided by GOOSE Gourmet GmbH, and any subsequent legal disputes arising therefrom. We object to any differing terms and conditions of our customers.
1.2 Our terms and conditions also apply to all future business with the customer until new terms and conditions are announced.
§ 2 Prices / Acceptance of Orders
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 appropriately increase our prices 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, especially due to collective bargaining agreements or increases in material prices. We will provide evidence of such increases to the customer upon request. In the event 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 without notice.
2.4 Acceptance of offers can only be made with the signature of the customer or their representative.
§ 3 Partial Cancellation by the Customer
The customer is entitled to reduce the number of guests, which is the basis for the calculation, once by up to 10% with a corresponding price adjustment up to 14 days before the start of the event. The date of receipt of the reduction request by GOOSE Gourmet GmbH is decisive for the calculation of the deadline.
Any further reduction of the number of guests will be charged according to § 9 "Termination / Withdrawal".
§ 4 Other Services
GOOSE Gourmet GmbH does not commission artists, guest transfers, or rent spaces on behalf of the customer. This must be done by the customer themselves. GOOSE Gourmet GmbH can, however, provide contact information.
§ 5 Collection and Directive Authority
5.1 If the customer wishes GOOSE GmbH to bill the customer's guests, this requires an explicit agreement.
5.2 Only GOOSE GmbH has directive authority over the personnel it provides.
§ 6 Supply Shortages
Should ingredients, food, beverages, or equipment not be available at reasonable prices at the time of the event, GOOSE GmbH is entitled to deliver comparable, equivalent ingredients, food, beverages, or equipment, as long as this is reasonable for the customer.
§ 7 Complaints
Businesses must report obvious defects immediately after delivery of the goods, and hidden defects immediately after discovery. Otherwise, they lose their warranty claims for defects.
§ 8 Reservation of Ownership
All food, beverages, and consumables delivered to the customer remain the property of GOOSE Gourmet GmbH until the invoice is paid in full.
§ 9 Termination / Withdrawal
9.1 If the customer cancels for a reason not attributable to GOOSE Gourmet GmbH, GOOSE Gourmet GmbH has the option to apply the following flat rates instead of a specifically calculated compensation claim:
Up to 29 days before the event starts: 50% of the agreed net total amount
28 - 15 days before the event starts: 60% of the agreed net total amount
14 - 8 days before the event starts: 70% of the agreed net total amount
7 - 5 days before the event starts: 80% of the agreed net total amount
4 - 1 days before the event starts: 90% of the agreed net total amount
On the day of the event: 100% of the agreed net total amount
The customer is free to prove that the damage was lower.
9.2 GOOSE Gourmet GmbH has the right to withdraw from or terminate the contract for an important reason, especially if
a) the agreed deposit payment is not received on time after a reminder with a deadline has been sent, or
b) deliveries and services were ordered under misleading or false indication of essential facts, e.g., regarding the organizer's identity or the purpose of the event, or
c) GOOSE Gourmet GmbH has justifiable reason to believe that using its deliveries and services could endanger the safety or reputation of GOOSE Gourmet GmbH and its employees in public.
9.3 If GOOSE Gourmet GmbH exercises its right of withdrawal or terminates the contract for an important reason attributable to the customer, it retains the right to bill according to the above cancellation regulations.
§ 10 Offset
The customer can only offset with legally established claims or claims recognized by GOOSE Gourmet GmbH.
§ 11 Third-Party Claims and Fines
The customer indemnifies GOOSE Gourmet GmbH from all third-party claims and fines related to the event, insofar as these are attributable to him, his vicarious agents, or his guests.
§ 12 Limitation of Liability
GOOSE Gourmet GmbH is not liable for minor negligence by its representatives or agents.
However, if GOOSE Gourmet GmbH violates essential contractual obligations, thereby endangering the achievement of the purpose of the contract, then liability in the case of minor negligence is limited to the foreseeable damage typical for the contract.
The preceding limitations of liability and exclusions do not apply in the case of injury to life, body, or health.
§ 13 GEMA
The timely registration of GEMA-liable works with GEMA and the punctual payment of GEMA fees are the sole responsibilities of the client. GOOSE Gourmet GmbH can demand written proof of the event's registration with GEMA and written proof of payment of GEMA fees from the client well in advance of the event. If the client is unable to provide the aforementioned proofs or is unwilling to do so, GOOSE Gourmet GmbH may require a security deposit in the amount of the anticipated GEMA fees from the client.
§ 14 Jurisdiction, Choice of Law
If the client is a merchant, legal entity of 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 United Nations Convention on Contracts for the International Sale of Goods (CISG).