General terms of business
§ 1 Exclusiveness clause
All business relationships - including future business - are based on the following terms of business by FLORIS Catering GmbH.
§ 2 Placing of orders
All offers by FLORIS Catering GmbH are kept open. Every assignment needs a written confirmation by the client (Principal) in order to be regarded as binding upon both parties. All parts of our offers are listed in Euros, plus the statutory value added tax.
§ 3 Change of Invoice-Address
FLORIS Catering GmbH calls your attention that we will charge 50,00 EUR for changing the invoice address after our agreement. The original party to the agreement is the same. Besides we will charge interest on arrears on an allowable level.
§ 4 Number of participants
The expected number of participants is stated in the confirmation of order. The client (Principal) is to provide written notification of the precise number of participants at the latest 10 calendar days before the event. FLORIS Catering GmbH reserves the right where necessary to adjust prices in the case of changes in the number of persons. If fewer persons come than notified, the invoice shall be issued for the last confirmed number of persons. If more participants come, the invoice shall be issued for the actual number of participants.
§ 5 Cancellation
Amendments and cancellations are subject to the written form.
In the event that the contract with FLORIS Catering is cancelled in full by the Principal, the following cancellation fees shall apply:
from confirmation - 28 calendar days before day of event 20 % of the entire order amount
27 - 14 calendar days before day of event 50 % of the entire order amount
13 - 4 calendar days before day of event 70 % of the entire order amount
from 3 calendar days before day of event 90 % of the entire order amount
In the event of a partial cancellation of the services quoted, the following cancellation fees shall be invoiced:
from confirmation - 15 calendar days before day of event 20 % of the cancelled service
14 – 4 calendar days before day of event 50 % of the cancelled service
from 3 calendar days before day of event 75 % of the cancelled service
§ 6 Terms and conditions of payment
Our deliveries and services are due immediately upon delivery in cash or upon receipt of the invoice and payable without any deduction. In the case of a binding order, the Principle is to make an advance payment to the amount of 70 % of the sum stated in the contract. For any delivery whose total can precisely calculated, an advance payment to 100% of the amount stated in the contract is to be made in advance. The advance payment is to be made at the latest 14 calendar days prior to the day of the event. Should the advance payment not be made in due time, FLORIS Catering reserves the right not to perform the agreed service. The final invoice, or the outstanding balance of the final invoice, is payable immediately and without any deduction upon receipt of the invoice. In individual cases and after prior consultation, FLORIS Catering may also make deviating regulations and set them down in writing.
§ 7 Liability for incorporated items
No liability shall be accepted for the loss of or damage to incorporated items unless the damage is based on gross negligent or intentional conduct on the part of FLORIS Catering GmbH or its subcontractors.
FLORIS Catering GmbH is only liable for intent and grosse recklessness and, beyond that, only liable as far as sub-suppliers are liable towards FLORIS Catering GmbH.
§ 8 Procuring locations
In cases where the contract includes the rental provision of rooms, the general terms and conditions of the location apply. The contract, as well as the invoicing and the balance of payments, is made in direct contact between the Principal and the location. In individual cases and after prior consultation, FLORIS Catering may also make deviating regulations and set them down in writing.
§ 9 Weather factors and foreign influences
FLORIS Catering GmbH is not liable if weather factors or foreign influences do not allow to fulfill the assignment. Possible advance payments will be refunded.
§ 10 Delays
FLORIS Catering GmbH is not responsible for any delays, except these delays are made through own fault.
§ 11 Miscellaneous Provisions
Events with music – whether live music, background music with recordings or audio recordings played by a DJ – have to be registered with the GEMA. This has to be done by the organizer of the event. If the organizer misses filing with the GEMA, FLORIS Catering GmbH will forward the organizer’s contact information by request to the GEMA.
§ 12 Legal domicile and law to apply
Exclusive legal domicile for all lawsuits is the headquarter of FLORIS Catering GmbH. Also for assignments abroad german law is effective. Deviating agreements or side agreements to these general business terms need to be written down to be effective.
§ 13 Salvadorian clause
Should one rule of these gender terms of business or any rule within the framework of other arrangements be inoperative or become inoperative, the effectiveness of all other rules is not touched.