GENERAL BUSINESS TERMS & CONDITIONS

§1 SCOPE OF APPLICATION

(1) These terms and conditions apply to bookings of 12 persons or more for all catering services provided by Margarete, the rental of Margarete's premises or bookings for out-of-home catering via Margarete Restaurant.

(2) Subletting or subletting, sales or similar events require the prior written consent of the Restaurant.

(3) The Organizers terms and conditions shall only apply if they have been expressly agreed in writing.

§2 CONCLUSION OF CONTRACT - PARTNERS AND LIABILITY

(1) The contract is concluded by the acceptance of the application (confirmation) of the restaurant to the organiser or by the written declaration of both contracting parties. The contractual partner is Margarete GmbH, Braubachstraße 18-22, 60311 Frankfurt am Main.

(2) If the customer is not the organiser themselves or if the organiser uses a commercial agent, they shall be jointly and severally liable with the organiser for all obligations arising from the contract.

(3) The liability of the restaurant is limited to damages caused by intent or gross negligence on the part of the restaurant, its legal representatives or vicarious agents, unless essential contractual obligations in the area of typical services are concerned. The organiser is obliged to inform the restaurant in good time of the possibility of exceptionally high damages, otherwise liability is limited to the amount of damages foreseeable at the time of conclusion of the contract and typical for the contract. The above limitations of liability do not apply to damages resulting from injury to life, limb or health.

§3 SERVICE, PRICES, PAYMENT

(1) The restaurant is obliged to provide the services ordered by the organiser and promised by the restaurant.

(2) The organiser is obliged to pay the prices agreed with the restaurant for these services. This also applies to services and expenses paid by the restaurant to third parties in connection with the event.

(3) For events at Margarete, Braubachstraße 18-22, 60311 Frankfurt, the agreed prices include the respective statutory value added tax.

(4) Invoices of the Restaurant without a due date shall be payable without deduction within 14 days of receipt of the invoice. In the event of late payment, the restaurant is entitled to charge interest on arrears in accordance with §288 BGB. The right to claim further damages remains reserved.

(5) The restaurant is entitled to charge an advance payment. The amount and payment dates of the advance payment or the agreed waiver in connection with a declaration of assumption of costs (only for corporate customers) shall be contractually agreed.

(6) For events that go beyond 1 a.m., a minimum consumption fee of €10/person/interrupted hour from 1 a.m. for 75% of the last number of guests registered in advance is due, unless otherwise agreed.

(7) Without an explicit agreement in connection with a minimum consumption in advance, the restaurant reserves the right to change the seating.

§4 CANCELLATION BY THE RESTAURANT

(1) If the payment security is not provided after a reasonable deadline set by the restaurant has expired, the restaurant is entitled to withdraw from the contract.

(2) Furthermore, the restaurant is entitled to withdraw from the contract
a) if force majeure or other circumstances for which the restaurant is not responsible make fulfilment of the contract impossible
b) if events have been booked with misleading or false essential information about the organiser or purpose
c) if the restaurant has reasonable grounds to believe that the event may jeopardise the smooth running of the business, the safety or the reputation of the restaurant in the public eye without this being attributable to the restaurant's sphere of control or organisation
d) if there is a violation of the above-mentioned scope of application in §1 (2).

(3) The restaurant must inform the organiser immediately of the exercise of the right of withdrawal and reimburse the contractual partner immediately.

(4) The Organizer shall have no claim for damages against the Restaurant, except in the case of intentional or grossly negligent conduct on the part of the Restaurant, its legal representatives or vicarious agents.

§5 CANCELLATION AND RIGHT OF WITHDRAWAL OF THE ORGANISER (CANCELLATION)

(1) In the event of cancellation by the organiser, the restaurant is entitled to charge the order value on a pro rata basis. The order value results from the agreed rent and agreed menu and beverage price or agreed minimum consumption; if no agreement has been made, a menu price in the amount of the cheapest 3-course menu of the respective valid restaurant menu and a beverage price of 20.00 euros per person will be charged. The cancellation fees/compensation are staggered as follows:

(2) The cancellation fees/compensation for reservations of 12 persons or more without exclusive booking of an area are as follows
a) 50% if cancellation is made 14-5 days before the event
b) 75% if cancellation is made 4-2 days before the event
c) 90% for cancellations less than 48 hours before the event

(3) The cancellation fee/compensation for booking an exclusive area within the restaurants or a location provided or rented by the restaurant is as follows

(a) 30% if 27-14 days' notice is given prior to the event
b) 70% for bookings made 13-4 days before the event
c) 90% from 3 days before the event.

(4) The cancellation fee/compensation for booking catering in an external location rented by the organiser shall be
a) 30% if notice is given 20 days before the event
b) 50% if notice is given 14-5 days before the event
c) 75% if a notice period of 4-2 days before the event is observed
d) 90% in the event of cancellation less than 48 hours before the eventThe percentage refers only to the agreed or minimum expected turnover. If costs are incurred for third-party services that the Restaurant has already booked, these shall also be charged in full to the Client.

(5) The Organiser reserves the right to prove lower damages, the Restaurant reserves the right to prove higher damages.

(6) The Organiser is entitled to withdraw from the contract free of charge if force majeure or legal or official regulations that did not exist at the time the contract was concluded make it impossible to fulfill the contract (e.g. restrictions due to a pandemic outbreak).

§6 CHANGES TO THE NUMBER OF PARTICIPANTS AND/OR THE TIME OF THE EVENT

(1) For reservations of 12 persons or more, a binding number of participants is required in writing up to 48 hours before the planned booking, which will also form the basis of the invoice. The restaurant will charge a cancellation fee in the amount of the agreed food turnover for cancellations at short notice or no-shows. If no agreement has been made, a charge of €43 per person will be made (for the cheapest 3-course menu on the restaurant menu)

(2) A change in the number of participants by more than 5% must be notified in writing at least 5 working days before the start of the event - it requires the consent of the restaurant.

(3) A timely reduction in the number of participants by a maximum of 5% will be recognised by the restaurant when invoicing. In the event of deviations exceeding this, the original number of participants minus 5% shall be taken as the basis.

(4) In the event of a deviation in the number of participants of more than 10%, the restaurant shall be entitled to redetermine the agreed prices and to exchange the confirmed seating, unless this is unreasonable for the organiser.

(5) If the agreed start or end times of the event are postponed without the prior written consent of the restaurant, the restaurant may charge additional costs for the readiness to perform, unless the restaurant is at fault.

§7 BRING YOUR OWN FOOD AND DRINKS

In principle, the organiser may not bring any food or drinks to the event. Exceptions require a written agreement with the restaurant. In these cases, an amount will be charged to cover overheads.

§8 TECHNICAL EQUIPMENT AND CONNECTIONS

(1) Insofar as the restaurant procures technical and other equipment from third parties for the organiser at the latter's request, it shall act in the name of, on the authority of and for the account of the organiser.

(2) The organiser shall be liable for the careful handling and proper return of the equipment. The organiser shall indemnify the restaurant against all third-party claims arising from the provision of these facilities.

(3) The use of the organiser's own electrical equipment using the restaurant's electricity network requires the restaurant's written consent. Any disruption or damage to the restaurant caused by the use of such equipment shall be borne by the event organiser, unless the restaurant is responsible for this. The restaurant may record and charge a flat rate for the electricity costs arising from the use of the equipment.

(4) The organiser is entitled to use their own telephone, fax and data transmission equipment with the consent of the restaurant. The restaurant may charge a connection fee for this.

(5) If suitable restaurant equipment remains unused due to the connection of the organiser's own equipment, a cancellation fee may be charged.

(6) Faults in technical and other equipment provided by the restaurant will be rectified immediately if possible. Payments may not be withheld or reduced insofar as the restaurant is not responsible for these faults.

§9 LOSS OF OR DAMAGE TO ITEMS BROUGHT ALONG

(1) Any exhibition or other items, including personal items, brought into the event rooms or the restaurant are at the risk of the organiser. The restaurant accepts no liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of the restaurant, its legal representatives or vicarious agents.

(2) Any decoration material brought along must comply with fire safety requirements. The restaurant is entitled to demand official proof of this. Due to possible damage, the installation and attachment of objects must be agreed with the restaurant in advance.

(3) Any decorations, exhibits or other items brought into the restaurant must be removed immediately and completely from the restaurant at the end of the event. If the organiser fails to do so, the restaurant may store and/or remove the items at the expense of the organiser (storage, cleaning and disposal costs). If the items remain in the event room, the restaurant may charge room hire for the duration of their retention. The organiser reserves the right to provide evidence of lower damages and the restaurant reserves the right to provide evidence of higher damages.

§10 GEMA

All music events must be registered with Gema in advance by the organiser. The Gema fees shall be borne by the organiser. The organiser shall indemnify the restaurant against all Gema claims.

§11 LIABILITY OF THE ORGANISER FOR DAMAGES

(1) The organiser shall be liable for all damage to the building and/or inventory caused by event participants, event visitors, event staff and other third parties from his/her area or by him/herself.

(2) The restaurant may require the organiser to provide appropriate security (e.g. insurance, deposits, guarantees).

§12 FINAL PROVISIONS

(1) Amendments or additions to the contract, the acceptance of applications or these terms and conditions for events must be made in writing. Unilateral amendments or additions by the organiser are invalid.

(2) The place of fulfilment and payment is the registered office of the restaurant.

(3) The exclusive place of jurisdiction, including for cheque and bill of exchange disputes, is the registered office of the restaurant in commercial transactions. If a contractual partner fulfils the requirements of §38 I ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the restaurant.

(4) German law shall apply.