Terms
Landenberger Culinary & Catering
Version: 05 December 2023
§ 1 Scope and Subject Matter of the Contract
1. These General Terms and Conditions (“GTC”) govern the provision of catering services and related services by include:.
2. Landenberger Culinary & Catering’s include: umfassen:
- Catering services: preparation of food for events, event concept planning, delivery of food and beverages, and provision of event equipment.
- Online shop: shipping of food boxes/cooking boxes, shipment of wine bottles, and gift boxes.
3. These GTC form an integral part of all contracts between Landenberger Culinary & Catering and its customers and apply to all services provided by Landenberger Culinary & Catering.
4. Contracts for catering services are concluded online or in writing. The written form may also be satisfied in electronic form.
§ 2 Contract Amendments
Amendments or supplements to the contract must be made in writing to be effective. This also applies to any waiver of the written-form requirement.
§ 3 Prices and Payment Terms
1. Prices for the services are based on the provider’s current price list or individual quotations.
2. Payment is due after invoicing and must be made within the period stated on the invoice.
3. In the event of late payment, the provider is entitled to charge default interest at 5 percentage points above the applicable base interest rate of the European Central Bank.
§ 4 Copyright
1. All event concepts, documents, graphics, lists, drawings and sketches created by the provider at the customer’s request (“event documentation”) are subject to copyright law.
2. The event documentation is considered “templates” within the meaning of §§ 17, 18 UWG (German Unfair Competition Act).
3. Upon full payment of all fees and costs, the customer acquires the usage rights required for the contractual purpose. Any further use requires the provider’s explicit consent and may be subject to additional remuneration.
4. Repeated use by the customer without a renewed order placed with the provider triggers a corresponding payment obligation.
§ 5 Termination and Cancellation
1. Termination by the provider: The provider may terminate the contract if continued cooperation with the customer becomes unreasonable, in particular for the reasons listed below. A prior warning or grace period is only required if it can be ensured that the reason for termination will be remedied or will not occur and if it is reasonable for the provider to continue the contract. The provider may terminate in particular if:
a) due payments are not made (without the provider losing its claim to the agreed price. If the customer pays later than agreed and delivery is still possible, the provider may make delivery conditional upon reimbursement of any additional costs caused by the delay);
b) circumstances arise that were unknown at the time of contract conclusion and that endanger the on-site safety of delivery staff, or result in occupational health and safety requirements not being met or not being reliably met;
c) it can be assumed that the supplied event—at which the provider’s logos, equipment or staff are present—relates directly to political matters in Germany and/or abroad and/or involves opinions that are incompatible with democratic values and/or the German Constitution (Basic Law) and/or negatively affect peaceful coexistence in Germany;
d) the customer fails to implement legally required or officially ordered measures to ensure the safety of the provider’s on-site staff (delivery, service, etc.);
e) the customer belongs to a prohibited political party and intends to conduct the event in that capacity;
f) the customer does not provide the documents and information required for performance of the contract (agreed or necessary for timely delivery or on-site service), not in full or not on time (e.g., gravel access roads, load limits of access routes, distances from the last permitted parking position of the delivery vehicle to the delivery point, lighting, fire safety, emergency exits), and curbside delivery (see § 9 (6)) is impossible or unreasonable in view of the provider’s property;
g) the required official permits and approvals are not available;
h) the customer does not comply with official requirements;
i) the customer operates technical equipment that is not permissible and may endanger the provider’s staff;
j) competent authorities/police, based on specific indications, are unable to maintain public safety and order, and it is unreasonable for the landlord/venue to provide the premises for this reason; or
k) a competent authority or a court prohibits the event.
2. Cancellation by the customer: If the customer terminates, withdraws, or cancels for a reason for which the provider is not responsible, the provider may either claim the actual costs incurred and any fee entitlement, or charge a flat-rate cancellation fee—based on typical effort in relation to the progress of performance—as follows, unless otherwise agreed:
a) cancellation up to 14 business days (Mon–Fri) before the delivery date: 25% of the agreed fees and costs;
b) cancellation up to 7 business days (Mon–Fri) before the delivery date: 50%;
c) cancellation up to 3 business days (Mon–Fri) before the delivery date: 75%;
d) thereafter: 100%.
If the customer can prove that the provider’s loss is lower than the flat rate—or that no loss occurred—only the lower amount (or no fee) is payable.
Cancellation free of charge (or against a reduced cancellation fee) is not possible if the provider has already begun producing the order in expectation of performance and such production is based on customer-specific requests.
In all cases, the customer must reimburse any actual cancellation costs incurred with third parties. This applies in particular if staff already booked and scheduled have already travelled, or travel/accommodation costs have already been incurred.
Regardless of the cancellation date and irrespective of the flat rates and cost allocations above, the customer must bear all costs resulting from contractual obligations the provider has entered into with third parties due to the conclusion of the contract and/or at the customer’s request, where the provider could reasonably assume that such costs or arrangements were necessary for contract performance.
§ 6 Warranty and Liability
1. The provider warrants, under the rules of sales law, that the contractual items have the agreed quality and that no third-party rights prevent the customer from using the contractual items within the agreed scope. The warranty regarding freedom from third-party rights applies only to the country of destination agreed between the parties where the contractual items are to be used. Unless expressly agreed otherwise, the destination country is the country of the customer’s registered place of business.
2. In the case of defects in title, the provider will first remedy the defect by subsequent performance. At its discretion, the provider will procure a legally permissible right of use for the customer for the delivered items or provide modified equivalent items.
3. In the case of material defects, the provider will first remedy the defect by subsequent performance. At its discretion, the provider will supply a new defect-free item or remedy the defect. A defect is also deemed remedied if the provider shows the customer reasonable ways to avoid the defect’s effects.
4. The provider may make subsequent performance dependent on the customer having paid at least a reasonable portion of the remuneration.
5. If two attempts at subsequent performance fail, the customer may set a reasonable grace period for remedying the defect and must expressly notify the provider in writing that the customer reserves the right to withdraw from the contract and/or claim damages if the remedy fails again.
6. If the remedy also fails within the grace period, the customer may withdraw from the contract or reduce the remuneration unless the defect is minor. After expiry of a deadline, the provider may require the customer to exercise the rights resulting from the deadline expiry within two weeks after receipt of the request. After that period, the right to choose passes to the provider.
7. If the provider performs troubleshooting or defect-removal services without being obliged to do so, it may charge remuneration at its usual rates. This applies in particular if no defect existed or if it is apparent that the issue is not attributable to the provider. Additional effort caused by the customer’s failure to properly comply with cooperation obligations is also chargeable.
8. The customer may assert rights arising from other breaches of duty by the provider only if the customer has notified the provider in writing and granted a grace period to remedy. This does not apply where remedy is not possible due to the nature of the breach.
9. The limitation period for all warranty claims is one year, beginning with delivery or provision (and notification to the customer). The same period applies to other claims of any kind against the provider.
10. Statutory limitation periods apply in cases of intent or gross negligence, fraudulent concealment of defects, personal injury, or defects in title within the meaning of § 438 (1) No. 1 a BGB, and in the case of guarantees (§ 444 BGB), as well as claims under the Product Liability Act.
11. In cases of slightly negligent breaches of duty, the provider’s liability is limited to the foreseeable, contract-typical average damage. This also applies to slightly negligent breaches by the provider’s legal representatives or vicarious agents.
12. The provider is not liable for slightly negligent breaches of non-essential contractual obligations.
13. The above limitations of liability do not apply to product liability claims and do not apply in the event of injury to life, body or health attributable to the provider, its legal representatives, or vicarious agents.
14. Indirect damages and consequential damages resulting from defects are only compensable to the extent such damages are typically to be expected when the item is used as intended.
§ 7 Customer’s Indemnification Obligation
1. The customer shall indemnify the provider and its agents from all third-party claims asserted in connection with this contract, insofar as the provider or its agents did not themselves cause the damage.
2. The indemnification obligation continues after termination of the contract insofar as claims covered by the indemnity become known, arise, or are asserted only thereafter.
§ 8 Delivery, Place of Delivery, Transfer of Risk, Partial Deliveries
1. The customer shall support the provider in fulfilling its obligations. In particular, the customer must provide all information necessary to perform the contractual services (delivery address, presence to accept delivery, etc.). Unless otherwise agreed, the customer bears the costs of any cooperation obligations.
2. Any permits required for use of the ordered goods and equipment at the customer’s location must be obtained by the customer independently and at the customer’s expense (e.g., catering licence, GEMA, fire safety regulations, etc.), unless expressly agreed otherwise. The customer is responsible for compliance with all building, safety, and event-related regulations. Any required inspections/acceptances must be arranged by the customer at the customer’s expense.
3. Set-up areas and transport routes on the customer’s premises must be suitable for set-up and transport, level, clear, and, if necessary, adequately lit.
4. Delivery is made to the postal address stated by the customer in the order.
5. Risk passes to the customer upon dispatch of the goods or handover to the delivery person, provided that no set-up of equipment and no on-site support/service is owed. If delivery is delayed at the customer’s request or for reasons attributable to the customer (e.g., late payment or failure to accept), risk passes to the customer for the duration of the delay. The customer bears any costs incurred for waiting time, provision, storage, etc.
6. Delivery is deemed completed if the provider makes the order available at the curbside assigned to the postal address if:
- • the customer cannot be reached at the agreed time and handover to the customer or a representative is not possible; or
- • delivery to the customer is unreasonable even with customary efforts (e.g., delivery to upper floors of a high-rise if the lift is out of service; delivery to areas where safe access is not ensured, such as construction sites or dark staircases).
7. The provider may make partial deliveries if the partial delivery:
- is attributable to the customer (e.g., orders placed sequentially);
- is unavoidable due to local conditions (e.g., narrow access routes) but the complete order is still delivered on time (if the local conditions were known to the provider in advance) or the order is completed without delay (if the local conditions were unknown);
- would otherwise require disproportionate effort without partial delivery, but completion is still timely; or
- is otherwise reasonable for the customer.
Partial deliveries must be accepted by the customer, including where the customer considers them unreasonable, in order to minimise damage as far as possible.
8. The provider may change the agreed services—especially agreed equipment or parts—and replace them with other equally suitable items if this is reasonable for the customer and does not endanger the contractual purpose. This applies in particular where equipment cannot be delivered in time but can be replaced by comparable and equally suitable equipment.
9. The customer must immediately inspect each delivery for external integrity. Any externally visible transport damage must be reported immediately to the driver/delivery person. Subsequently reported visible transport damage cannot be accepted by the provider.
§ 9 Delivery Dates, Delivery Difficulties, Force Majeure and Collections
1. Delivery/performance times are approximate and not fixed dates unless expressly designated as binding/fixed.
2. Unforeseeable or uncontrollable obstacles (construction sites, traffic jams en route to the customer) lead to a corresponding extension of any delivery periods at the customer’s risk.
3. The provider owes one delivery attempt. Additional attempts and/or waiting times must be reasonably compensated by the customer.
4. If the provider is unable to deliver the ordered goods or perform services through no fault of its own because it has concluded a covering transaction with a supplier and the supplier fails to fulfil its obligations, the provider is entitled to withdraw from the contract. The provider will inform the customer without undue delay. If payment has already been made, it will be refunded without undue delay.
5. As long as the provider (a) is awaiting the customer’s cooperation or information, or (b) is prevented from performing due to strikes or lockouts in third-party companies or in the provider’s company (in the latter case only if lawful), official intervention, legal prohibitions, or other circumstances beyond the provider’s control (“force majeure”), delivery and performance periods shall be extended by the duration of the hindrance plus a reasonable start-up period after the hindrance ends (“downtime”). During downtime, there is no breach of duty. The provider will inform the customer without undue delay of such hindrances and their expected duration.
6. In the event of force majeure leading to termination or interruption of the contract, the provider may claim reimbursement/compensation for costs incurred and services performed up to that point in expectation of performance, insofar as the provider cannot reasonably use those services otherwise or does not fail to use them otherwise in bad faith.
7. If a service provider/subcontractor invokes force majeure vis-à-vis the provider and therefore fails to perform, the provider is also released from its performance obligation towards the customer to the extent it is owed. The provider will endeavour to procure suitable replacement services.
8. Collections/pick-ups take place on the next business day unless otherwise agreed. Collections on weekends and after 4:00 p.m. (Mon–Fri) must be agreed separately between the customer and the provider.
§ 10 Retention of Title
1. All deliveries and services are made subject to retention of title. Delivered goods remain the property of the provider until full payment of the purchase price and all other claims of the provider arising from the ongoing business relationship have been settled (in the case of payment by cheque or bill of exchange, until cleared). Retention of title also remains in effect if individual claims are included in a running account and the balance is drawn and acknowledged; it then secures the balance.
2. The customer may resell the goods subject to retention of title only in the ordinary course of business and on the condition that the purchase price claim from the resale passes to the provider. The customer hereby assigns to the provider, by way of security, all claims and ancillary rights arising from resale of the reserved goods for all claims the provider is entitled to against the customer at the time of resale. The customer is authorised to collect the assigned claims; however, this authorisation may be revoked if the customer is in default of payment. In that case, the provider is authorised to notify the customer’s buyers of the assignment in the customer’s name. The customer must provide the provider with the information necessary to assert rights against the buyers, in particular naming the buyers and providing the necessary documents.
3. The customer is not entitled to dispose of the reserved goods in any other way, in particular to pledge them or transfer them by way of security.
4. Any impairment of the reserved goods must be notified to the provider, as must any third-party access. If the right of resale expires, the customer must, upon request, provide information about the stock of reserved goods and surrender them upon request. To enforce surrender, the provider is entitled—after prior notice and setting a deadline—to enter the customer’s premises and remove the reserved goods. The provider is also entitled to realise the surrendered reserved goods to satisfy its claims once the provider has either withdrawn from the contract or the requirements for claiming damages for non-performance have arisen.
5. If the value of all security rights exceeds the provider’s claims against the customer by more than 20%, the provider must, at the customer’s request, release the excess security.
§ 11 Set-off, Retention, Assignment, Miscellaneous
1. The customer may only set off claims that are undisputed or finally adjudicated.
2. A right of retention may only be asserted based on claims arising from this contract.
3. The customer is not entitled to assign or transfer rights and obligations under the contract without the provider’s prior consent.
4. The place of performance for all mutual obligations is the provider’s registered office.
5. The place of jurisdiction for all claims is also the provider’s registered office. The provider is also entitled to choose the place of jurisdiction at the customer’s registered office.s
6. German law applies, excluding international provisions such as the UN Convention on Contracts for the International Sale of Goods (CISG).
7. If any provision of these GTC is or becomes invalid, or if a gap becomes apparent, the validity of the remaining provisions shall not be affected.
These General Terms and Conditions (GTC) form an integral part of the contracts between Landenberger Culinary & Catering and its customers and govern the conditions for the provision of catering services and related services.s