1. Scope of the General Terms and Conditions These terms and conditions apply to all delivery contracts, contracts for the rental of objects and for the implementation of events.
2. Services provided by Berlin Cuisine Jensen GmbH (hereinafter BC). BC provides material and services that are necessary for the implementation of events and supplies food. BC is permitted to transfer orders to subcontractors. All offers are non-binding until the order is accepted.
3. Delivery time The delivery and service dates agreed with the contractor are binding. The dates are agreed separately for each contract conclusion and each contract change.
4. Payment, delay, advance payment Our invoices are due immediately without any deduction. BC is entitled to request an appropriate advance payment in individual cases, which will then be invoiced when the order is confirmed. For this purpose, individual agreements are made depending on the content and volume of the order. In the case of an advance payment agreement, the contract is only concluded under the conditions precedent of the timely payment of the advance payment. For new customers, BC allows itself to settle the entire order as an advance payment. Here, too, there is a separate agreement on the specific amount. In any case, a final invoice will be issued after the order has been carried out. BC regularly grants a payment term of 14 days. This can be undercut with advance invoices. Longer payment terms must be agreed. After the payment deadline has expired, there are flat reminder costs of EUR 2.50 for each reminder. The contractor may only offset against our invoices with undisputed or legally established counterclaims.
5. Compensation for withdrawal or termination (order cancellation)
If the client withdraws from the contract or cancels the contract for reasons for which the contractor is not responsible, then the client has to pay flat-rate compensation, which is staggered below. The client is at liberty to prove a lesser damage and then to reimburse it.
From the order date, 25% of the net order volume is always due. If the cancellation is made at least 6 weeks before the event, this 25% has to be paid as a cancellation fee. If canceled between 6 and 2 weeks, a further 25% must be paid, the total cancellation fee is therefore 50%. If the order is canceled within 2 weeks before the delivery date, the client owes the entire remuneration minus the saved expenses or the contractor must credit what he can still earn by using material and personnel elsewhere.
The same applies if the client culpably caused the contract to terminate the contract (e.g. default in payment).
If an event cannot take place, the contract remains in effect. The client can switch to the remote products “virtual cooking course” and “Remote Foodbox”. The full order amount is transferred to this and represents the minimum order value there.
If the event is postponed within 7 working days before the planned event, 100% of the order amount will be due. 25% will be credited to the next follow-up event.
If the postponement takes place at least 7 working days before the planned event, 40% of the amount due will be credited to the next subsequent event.
5.1 From an order volume of more than 50,000.00 euros (in words: fifty thousand), the cancellation deadlines are extended by a further 10 working days.
6. Transfer of risk and transport if BC sends the goods or the rental item to another location, the risk is transferred to the customer as soon as the goods or the rental item are handed over to the contracted carrier. If the shipment is made with BC's own vehicles, the risk is transferred when the BC vehicles arrive at the client's destination. The organizer bears the risk for all objects brought by BC to the event location, unless this location is provided by BC as part of the contract. BC assumes neither guarding nor storage obligations and is not liable for loss, destruction or damage, except in the case of gross negligence or willful misconduct.
7. The organizer is always the customer of the guarantee and warranted properties in terms of public law. The operator has to ensure compliance with regulatory requirements (e.g. due to noise pollution). For its part, BC is only liable, except in cases of intent and gross negligence, in the event of a breach of essential contractual obligations and up to a maximum of EUR 2 million for personal injury and EUR 1 million for property damage. This does not apply to injury to life, body or health. The organizer is liable for all damage to buildings or inventory that is caused by event participants, employees or other third parties that are attributable to his sphere (e.g. guests) or by himself. Claims of the client due to missing essential properties can only be asserted if these have been expressly guaranteed by BC. By commissioning BC, the client has also made their creative abilities an object of the contract. In this respect, BC is permitted to exercise a certain degree of discretion within the framework of the order placed. It is therefore up to BC to select individual components or employees according to its own conviction in order to implement this order as best as possible, provided that this does not contradict the properties already assured. BC can also exchange products of equal value for one another if BC deems it necessary. Here, too, of course, guaranteed properties and special interests of the client must always be taken into account, provided that these are agreed or otherwise recognizable.
8. Taking away meals for meals that are taken by guests or left to the customer, BC assumes no liability after the end of the catering / conclusion of the event. After serving, it is not possible to check that the food has been sufficiently heated to +80 ° C for at least 3 minutes or +70 ° C for at least 10 minutes. take place more. In addition, foods that are required to be refrigerated are heated to over +12 ° C within 30 minutes. to use up or to dispose of immediately afterwards. We therefore ask for your understanding that we advise against taking our meals from the venue.
9. Final provisions Deviations from the present conditions must be recorded in writing. The contract is subject to the laws of the Federal Republic of Germany. The place of jurisdiction is Berlin. Terms of Service.
Corona - SARS-CoV-2
Both contracting parties are aware of the risk that the COVID-19 pandemic may cause a residual risk of a possible cancellation, partial cancellation or postponement of events. The organizer is aware that he bears the basic "event risk" and thus the risk of use. Berlin Cuisine expressly points out that the contracts that have come about must be fulfilled. Three different variants are agreed and offered here
Timely cancellation of the event
Postponement to a subsequent appointment within 12 months
Rebooking to remote products from Berlin Cuisine Jensen GmbH