1. Scope of Application
a) These “General Terms and Conditions of Business” apply to contractual agreements between Levy Restaurants GmbH (hereinafter referred to as “Levy”) and the contracting party (hereinafter referred to as “the Client“) pertaining to the rendering of catering management services (including all services and deliveries in conjunction with them) by Levy at events on the part of the Client, particularly banquets, seminars, meetings, exhibitions and presentations etc.
b) Individual agreements within the contract for the event take precedence over these General Terms and Conditions of Business; amendments to these General Terms and Conditions of Business are therefore to be agreed separately and incorporated into the text of the contractual agreement as an individual agreement. Terms and conditions of business on the part of the Client apply solely when this has been agreed explicitly in writing beforehand.
2. Conclusion of Contract, Contract Closure
a) The commissioning of Levy with the rendering of catering management services becomes binding through written confirmation of the contract for the event by both parties. In urgent cases, a verbal commitment is equally binding. In a case of this nature, written confirmation occurs via Levy with reference to the contract for the event.
b) Should it transpire following contract closure that the event commissioned by the Client threatens to endanger the smoothly running business operation, safety, security or reputation on the part of Levy, then Levy can unilaterally terminate the contractual agreement. This applies particularly in such cases when Levy has not been informed sufficiently or truthfully by the Client regarding the true purpose of the event in the course of the ensuing commission.
3. Material Services from Levy
a) The nature and scope of the services to be rendered by Levy result primarily from the contract for the event agreed in writing with the Client. Insofar as no deviating written agreements have been made above and beyond the following, Levy renders the following services:
aa) The preparation and dispensing of foods and beverages
The preparation and dispensing of foods and beverages comprises, in particular, the proper and professional preparation of foods and, where applicable, beverages by service personnel.
bb) Service and waiting staff
Service and waiting staff comprises the assignment of service staff as dictated by necessity. The disposition relating thereto is incumbent upon Levy, provided that no written agreements stating otherwise have been made.
cc) Scope of performance
The services from Levy comprise all contributions in kind and those services required towards implementation of the commissioned event. Excluded therefrom are all services in conjunction with a sufficient supply of electricity and water. The Client is obligated to provide electricity and water connections (supply and discharge lines, including wastewater) up to the power distributor and water hydrants. Levy is merely responsible for the subdistribution of electricity and water connections up to the end-user devices. The costs of consumption, i.e. the expenses for electricity and water consumption incurred in the course of the event, are borne by the Client.
b) The instruction of all personnel deployed by Levy is governed exclusively by the right to issue instructions held by Levy.
c) All objects and materials necessary for implementation of the event and supplied by Levy are and remain the property of Levy with the exception of foodstuffs and beverages, and must be returned to Levy without undue delay following conclusion of the event. Following return and inspection of the remaining objects, missing items and/or quantities shall be charged to the Client pursuant to the first sentence of this subclause 3c) at the prices for replacement. Beverages supplied on a commission basis shall be taken back only when the vessels containing them have been neither broken nor damaged.
d) Levy endeavours to the best of its ability to perform supplements and/or enhancements of services, even those on short notice. Provided that it has not been expressly confirmed, Levy is not obliged to fulfil wishes for supplementation and enhancement in relation to the services commisioned that are expressed during the last 48 hours prior to commencement of the event.
e) Levy is permitted to entrust subcontractors with execution of the contracted commission.
4. Other Services from Levy
a) Further services by Levy with regard to decoration and other technical features (e.g. lighting technology, sound systems etc.) require explicit written agreement between the parties.
b) Insofar as the Client contributes technical equipment and decorations on its own or via a third party commissioned by the Client, the Client is responsible for the proper and timely assembly and dismantling thereof. Costs incurred as a result of this are to be borne by the Client.
5. Remuneration
a) The remuneration agreed between the parties is understood as being subject to addition of the respective legally applicable value-added taxes in force.
b) Payment of at least 80% of the agreed remuneration plus legally applicable value-added taxes in force is to be made in advance. Receipt of payment to the following bank account held by Levy must take place, at the latest, 14 workdays prior to commencement of the event:
BNP Paribas S.A. Niederlassung Deutschland
IBAN: DE61 5121 0600 4224 1400 14
BIC: BNPADEFFXXX
If the advance payment amount has not been received by the bank account held by Levy within the previously stipulated deadline, Levy shall specify an extension of 4 workdays in writing that begins once said deadline has elapsed. If the advance payment amount is not paid within the specified extension period either, then Levy can unilaterally terminate the contractual agreement. Costs incurred until this point in time are borne by the Client. Levy is furthermore entitled to commensurate remuneration for those services rendered up to such point in time.
b) Levy invoices the Client for accounts payable pertaining to the event within 8 workdays following conclusion of the event. The invoiced amount is to be paid without deduction or discount, at the latest within 5 workdays upon receipt of the invoice.
c) Insofar as a lump sum per person attending has been agreed for rendering the catering management service, the Client is obligated to notify Levy in writing, without undue delay and until conclusion of the event, of the number of persons who actually attended the event. Insofar as the number of persons who actually attended the event exceeds the agreed number of persons attending, an adjustment of the agreed lump sum occurs as a ratio of the number of persons who actually attended in proportion to the agreed number of persons attending.
d) With respect to remuneration, insofar as it has been agreed that, alongside the rendering of the catering management service, the costs for additional further services (e.g. lighting technology, sound systems etc.) are to be passed on to the Client in whole or in part, then Levy is obliged to present the invoices for the corresponding services and/or the invoices from the service providers as proof of the costs incurred.
e) In cases of force majeure, as a result of which the reciprocal performance of services is made impossible, both parties are released from the rendering of performance obligations for the duration of the disruption of services. Costs incurred up to this point in time are borne by the Client. Levy is furthermore entitled to commensurate remuneration for those services rendered up to such point in time.
6. Withdrawal from Contract (Cancellation, Annulment)
a) In the case of a non-occurrence of the event due to reasons attributable to the Client, as a consequence of a cancellation or in the case of a reduction in the number of persons attending, Levy receives upon notification of non-occurrence:
- In the case of contracts involving the granting of use of conference, banquet and event rooms/areas, as well as temporary structures:
as of contract closure until 31 days prior to event commencement 50%, as of 30 days prior to event commencement 100% of the agreed remuneration.
- In the case of contracts involving the provision of personnel, food and event equipment (technology and non-food equipment):
as of contract closure until 31 days prior to event commencement 10%, between 30 and 15 days prior to event commencement 30%,
between 14 and 8 days prior to event commencement 50%, between 7 and 5 days prior to event commencement 80%,
as of 4 days prior to event commencement 100% of the agreed remuneration.
- In the case of contracts involving the delivery of beverages:
as of contract closure until 15 days prior to event commencement 10%, between 14 and 8 days prior to event commencement 20%, between 7 and 5 days prior to event commencement 30%, as of 4 days prior to event commencement 50% of the agreed remuneration.
Insofar as the Client proves that in fact a lesser damage or no damage whatsoever has arisen for Levy, compensation is to be paid for the respective damage which has actually arisen. Levy is equally entitled to prove that the damage which has actually arisen is greater than the agreed lump-sum figure. In this case the damage which has actually arisen is to be compensated by the Client.
b) Levy is entitled to withdraw from the contract for the event when
the Client does not pay the agreed advance at the date(s) due;
insolvency proceedings regarding the Client’s assets are initiated;
Subclause 2 b) remains unaffected thereby.
Insofar as Levy makes use of the abovementioned rights to withdraw, the Client is obligated to compensate all damages which have arisen for Levy due to the withdrawal.
7. Change in Number of Persons Attending and Event Scheduling
a) The Client obligates itself to notify Levy in writing of the guaranteed number of persons attending involving catering, at the latest 10 workdays prior to commencement of the event. This number forms the basis for invoicing. An undercutting of the number announced is not taken into further account; no adjustment of remuneration occurs.
b) In a case where the number of persons attending is exceeded, charges are made for the actual number of persons attending.
c) In the case of a deviance in the number of persons attending of more than 10%, Levy is entitled to restipulate the agreed prices.
d) If the agreed times with regard to the commencement or the end of an event are rescheduled and Levy agrees to said rescheduling, then Levy can charge the Client for the additional readiness to perform unless the fault for the above lies with Levy.
8. Warranty, Liability, Insurance
a) Levy carries out the contracted commission with the due care and diligence of a prudent businessman. Levy bears unlimited liability for wilful und grossly negligent action. Liability for slightly negligent action is fundamentally ruled out unless provided for otherwise in the following provisions within this paragraph. In the case of a breach of material contractual obligations, Levy is also liable for slight negligence, albeit solely for the foreseeable direct damage typical to the contract agreement and limited to the maximum amount covered by the existing business liability insurance. The aforementioned limitations of liability do not pertain to claims owing to injury of life, limb, freedom and health or to claims pursuant to the German Product Liability Act. The limitations of liability furthermore do not apply to damages which have been caused due to fraudulent conduct or to the extent that Levy has assumed a warranty for the nature or condition of goods. Insofar as liability is ruled out or limited, this equally applies for vicarious agents on the part of Levy.
b) Upon request by Levy, the Client is required to jointly inspect and approve the agreed services with regard to quality and quantity on a timely basis prior to commencement of the event. In the case of complaints, the following subclause 8e) applies. Following inspection and acceptance of the foods and beverages, risk devolves upon the Client.
c) The Client is required to be equally liable for losses or damages which have been incurred by the Client’s staff, guests, other auxiliary staff or by persons attending the event or by subcontractors and vicarious agents on the part of the Client to the same degree as the Client is liable for losses or damages caused by the Client itself. It is incumbent upon the Client to take out an appropriate insurance policy towards this purpose. Levy can demand proof of an insurance of this nature.
d) With regard to the agreed rendering of catering management services, Levy maintains a business liability insurance that, at the least, makes provisions for the following amounts of coverage per insured event involving damages:
EUR 1,000,000 for personal injuries and/or property damages
EUR 500,000 for pecuniary losses
e) The Client is to notify Levy of any complaints without undue delay and in writing. If complaints are lodged verbally during the event, the person in charge from Levy is required to record said complaints in writing and have this record countersigned. This does not release the Client from the subsequent reporting thereof in writing. If the Client does not fulfil this obligation to lodge compaints properly within a period of 4 workdays and if the deficiences objected to are unable to be rectified on a timely basis during or by the end of the event due to the Client’s behaviour, then no claims towards compensation or abatement can be derived against Levy resulting from the deficiencies established or complaints lodged. However, this does not apply for grossly negligent or wilful conduct on the part of Levy.
f) If a service is not rendered or has not been rendered as per the contractual agreement, the Client can demand subsequent rectification thereof. The Client can demand an abatement of the agreed price correspondent to the reduction of service when the agreed service has not been rendered or has not been rendered as per the contractual agreement within a reasonable period of time following futile request for remedy.
9. Miscellaneous
a) Insofar as Levy obtains technical or other facilities for the Client from third parties, Levy acts on behalf and for the account of the Client. The same applies for the engaging of artists, travelling showmen, musicians etc. The Client bears liability for the careful handling and due and proper return of the facilities obtained and exempts Levy from all claims made by third parties resulting from the provision of said facilities for use and/or the engaging of persons. This does not apply insofar as Levy causes damage in a grossly negligent or wilful manner in the abovementioned context.
b) The Client is required to obtain all official permits and/or licensing that may be necessary for carrying out the event at its own expense. Compliance with these permits and/or licensing as well as with all other public-law regulations in conjunction with the event is incumbent upon the Client. Within the framework of self-arranged music performances and acoustic public address, the Client is required to conclude the requisite formalities and settlements of accounts with relevant institutions (e.g. GEMA) on its own authority. The Client is responsible for the adherence to official regulatory restrictions (e.g. closing time) and statutory provisions (e.g. keeping the peace at night).
c) The Client is permitted to utilise the Levy name and trademark in the course of advertising its event solely with the prior written consent of Levy.
d) The incurring and demonstrable costs and fees for e.g. customs declaration and clearance, air freight and overland transport, import documents, veterinary certifications, pro forma invoice, phytosanitary certificate, personnel expenses such as hotel accommodations, allowable expenses, hourly rates, fees for visas, vaccinations and local transfers are borne by the Client. The Client is required to bring about the customs clearance of goods on its own.
e) The EU Commission provides the possibility for online dispute resolution on an online platform operated by the EU Commission. This platform is reached via the external link: http://ec.europa.eu/consumers/odr
Towards fulfilment of the statutory duty to disclosure (Section 36, German Act on Alternative Dispute Resolution in Consumer Matters [“VSBG”]), Levy points out that it is fundamentally neither willing nor obligated to take part in dispute settlement proceedings heard by consumer arbitration entities.
10. Final Provisions
a) Verbal ancillary agreements are deemed as not having been made. Supplements and amendments to the contractual agreement, including addenda and appendices thereto, must be made in writing in order to become effective. This equally applies for the revocation of this clause requiring the written form.
b) If a provision within these “General Terms and Conditions of Business” or a provision within the framework of other agreements proves to be ineffective or becomes ineffective, the validity of all other provisions or agreements shall not be affected thereby.
c) The laws of the Federal Republic of Germany apply for these “General Terms and Conditions of Business” and for the entire scope of legal relationships between Levy and the Client.
d) Insofar as both parties are businesspersons within the meaning of the German Commercial Code (“HGB”), the exclusive venue of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship is Munich, Germany.
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