GENERAL TERMS AND CONDITIONS

General Terms and Conditions

for hospitality, events, banqueting and outside catering services from

Augustiner am Platzl Oliver Wendel e.K.

1. Scope

1. The contracting parties are the event organiser/customer and the pub, Augustiner am Platzl; Oliver Wendel e.K.

2. These terms and conditions apply for all catering and event agreements, advance bookings and reservations for catering and other services, taking place on the premises of the Augustiner am Platzl, Orlandostrasse 5 / Münzstrasse 8, 80331 Munich, in the version in force at the time of contract conclusion.

3. They also apply to all further services and deliveries rendered by us to the customer, including those rendered outside our premises.

4. With conclusion of a contract, advance booking or reservation, the customer confirms that he or she has read these terms and conditions and agrees with them.

5. The customer’s terms and conditions shall only apply where these have been expressly agreed in writing in advance.

1. Conclusion of the contract, contractual partner; limitation period

1. The catering contract comes into effect after we have checked availability and confirmed our acceptance (either verbally or written) of the customer’s reservation – at the latest by the provision of the catering services. We are entitled to confirm the reservation in writing. All other contracts come into effect by the customer providing acceptance in writing to our written offer.

2. The contractual parties are the Augustiner am Platzl (“us”) and the customer. If a third party has ordered on behalf of the customer, this third party is jointly liable to us with the customer as co-debtor for all obligations arising under the catering contract or other contracts.

3. On principle, all claims against us shall lapse one year after the beginning of the standard limitation period of Section 199 Para. 1 of the German Civil Code (BGB), which is triggered by the initial awareness of the issue. Claims for damages shall lapse three years from the date of awareness of the issue. These limitation periods do not apply for claims based on our deliberate or grossly negligent infringement of obligations.

4. Holding political events is not permitted. If, at the event, a demonstration takes place or political opinions are disseminated or unlawful topics arise, the customer must endeavour to stop this and, to the extent necessary, exclude the relevant participant/s from the event.

III. Services; prices; liability; advance payment; payment; billing

1. By conclusion of a catering contract, we are obliged to keep in readiness the tables and/or rooms reserved by the customer and the customer acquires the right to the customary catering and hospitality services and to other services as agreed, as well as the right to use the facilities of the catering premises, which are accessible to the customer for use in the usual manner and without any special conditions.

1.1 The customer is not entitled to bring their own food and drink, without the prior approval of the landlord.

2. The customer is obliged to pay us our applicable or agreed prices for the services that he or she uses. This also applies to services, and any related expenditures, the customer has arranged for us to provide to third parties.

3. Liability

3.1. The customer is liable for all damage to buildings and fixtures/stock culpably caused by the customer itself or by a participant at or visitor to the customer’s event, or by any other third party falling within the customer’s scope of responsibility.

3.2. We are only liable to the customer for damages caused by infringement of obligations to legally protected interests other than life, limb or health where these are caused deliberately or by gross negligence. If these damages are caused by an infringement of fundamental contractual obligations, the fulfilment of which is necessary to facilitate proper implementation of the contract and on compliance with which the customer regularly relies and is entitled to rely, we shall also be liable in the event of simple negligence.

3.3. The preceding limitation of liability also applies for employees, vicarious agents and assistants that we employ.

3.4. To the extent that liability pursuant to product liability law arises from a guarantee that we assume or due to fraudulent concealment, it remains unaffected by the preceding limitation of liability.

3.5. If, at the end of the event, a customer takes away food and/or drinks that have not been consumed, we assume no liability for damages caused by improper storage, transportation, hygienic handling or other improper handling and/or delayed consumption.

3.6. We hereby advise you that some personal liability insurance providers refuse damages at events on principle. The customer should seek detailed information with respect to this and, where appropriate, obtain additional insurance.

4. Our opening hours are Monday to Sunday from 10 a.m. to 12 a.m. (midnight)

5. Advance payment

5.1. We are entitled to require from the customer an appropriate advance payment of up to 80% of the expected invoice amount at contract conclusion or at a later point in time. The amount of the advance payment and the date(s) on which the payment(s) is/are due can be agreed in writing in the contract. The remaining amount shall be due after the end of the event upon receipt of invoice.

5.2. Where agreed advance payments are not received on time, we are entitled to require advance payment of the entire sum agreed as the minimum spend.

6. Invoices

6.1. We are able to issue a customer invoice provided that we have confirmed this beforehand in writing and have been provided with an exact invoicing address.

6.2. Our invoices are payable in full within 10 days of the invoice date.

7. The charge is calculated on the basis of the number of persons booked. The customer is liable for all orders made by their guests. The calculation is based on the number of people confirmed 7 working days before the event.

8. The agreed prices include any applicable statutory value-added tax. Should the period of time between contract conclusion and performance of the contract exceed four months and should the price we usually charge for such services have increased over this period, we have the right to raise the contractually-agreed price accordingly, but by no more than 5%.

9. We also reserve the right to amend the prices if the customer wishes to change the number of guests attending or requests that we provide different service(s) after conclusion of the contract, and we agree to these changes (see V.). This also applies when there has been an increase in statutory value-added tax.

10. In the event of late payment, we are entitled to require the applicable statutory interest for late payment, currently equivalent to 9%, or, in the case of legal transactions involving a consumer, equivalent to 5% above the basic interest rate. We reserve the right to evidence a greater amount of damages.
11. The customer can only offset or reduce a claim made by us with an undisputed or legally established claim against us.

1. Events

1. We reserve the right to require a minimum spend. The minimum spend will be notified to the customer at the time of reservation. Additional services and agency services such as, in particular, musical ensembles, artists, floral decorations, specially printed menus and similar will be invoiced as extra items and are not included in the minimum spend.

2. Musicians’ and artists’ fees are either settled directly between the customer (as the event organiser) and the persons in question or we invoice these to the customer in advance. Where relevant, the customer (as the event organiser) is liable for any applicable GEMA fees incurred and for confirming the playlist to GEMA directly. We reserve the right to demand corresponding evidence of this from the customer.

3. Once a written order has been placed, the cancellation charge for musicians’ and artists’ fees corresponds to 100% of the invoice amount, in the event that we are invoiced for these fees.

4. For events that continue past 12 a.m. (midnight), we charge a flat-rate night surcharge of €30.00 per hour or part thereof for each of our employees present at your event. Our restaurant is open until 12 a.m. midnight. Due to statutory provisions, music is allowed until 10 p.m., or until maximum 12 a.m. (midnight) at an appropriate volume.

1. Changes in number of participants or timing of the event

1. Any increase of more than 5% in the number of participants must be notified, at the latest, five working days before the event begins and requires our written consent. Billing is based on the actual number of participants, but no less than the increased number of participants indicated by the customer.

2. Any reduction of more than 5% in the number of participants must be notified as early as possible, at the latest, five working days before the event begins and requires our written consent. Billing is based on the actual number of participants, but no less than 95% of the number of participants originally agreed.

3. If the customer fails to comply with the preceding provisions, we are entitled to refuse to amend the number of participants.

4. In the event of a reduction of more than 10% in the number of participants, we are entitled to change the rooms booked, taking into consideration any difference in minimum spend/room fee.

5. Where the agreed start and/or end times of the event are changed and we agree to these changes, the additional staffing required by the extended duration of our services will be invoiced at the hourly rate agreed.

1. The customer’s withdrawal from the contract (cancellation) / Non-use of our services

    Reserved tables or rooms are made available to the customer at the agreed time. If the customer does not show, reserved tables or rooms will released after 15 minutes, after which time the customer has no claim to be accommodated anywhere else. The customer requires our prior agreement if the customer wishes to use the tables or rooms beyond the agreed period of time.

2. The customer’s withdrawal from a contract concluded with us requires our written consent. Without this, the price agreed under the contract must be paid, even where the customer does not avail of the contractual services.

3. Insofar as we have agreed with the customer in writing a deadline for withdrawal from the contract at no charge, the customer can withdraw from the contract until that date without triggering any entitlement to a payment claim or to damages on our part. The customer’s right of withdrawal expires if the customer does not exercise their right to withdraw in writing to us by the agreed deadline.

4. In the event that the customer has not made use of the tables or rooms that the customer has reserved, we offset earnings from allocating the tables or rooms to someone else as well as expenses saved.

5. We are entitled to require the contractually-agreed remuneration and to make a flat-rate deduction for expenses saved.

6. Terms of cancellation

6.1 Where the customer withdraws from the contract at least one month before the agreed date of the event, no charge is incurred.

6.2 Where the customer withdraws from the contract between 30 and 14 days before the agreed date of the event, we are entitled to charge 30 percent of the agreed minimum spend.

6.3 Where the customer withdraws from the contract between 14 and 8 days before the agreed date of the event, we are entitled to charge 70 percent of the agreed minimum spend.

6.4 Where withdrawal occurs less than 7 days before the agreed date of the event, we are entitled to charge 100 percent of the agreed minimum spend.

7. In the event of cancellation, the following calculation serves as the basis for billing cancellation fees, insofar as the customer was not informed of a minimum spend upon contract conclusion:

7.1. Agreed menu price x agreed number of participants. Where no price was agreed for the menu, the lowest priced 3-course menu in the current banqueting pack will be used as the basis for the calculation.

7.2. The average beverage spend for events in our venue, equivalent to €22.00 per person, will also be applied.

7.3. For an à la carte reservation, we calculate a flat fee of €25.00 per person. This charge applies for à la carte reservations for 15 or more people.

8. The customer is entitled to prove that the above-stated claim amount was not incurred or was not incurred to this extent.

VII. Withdrawal by us

1. Insofar as we have agreed with the customer in writing a specific period for its withdrawal from the contract at no charge, we are also entitled, on our part, to withdraw from the contract within the said period, if other customers make enquiries for the contractually-booked spaces and the customer fails to waive its right to withdraw upon our request.

2. If an agreed advance payment is not made, even after expiry of an appropriate grace period provided by us, we are similarly entitled to withdraw from the contract.

3. Further, we are entitled to extraordinary withdrawal from the contract for objectively justified reasons, falling outside the scope of our managerial or organisational responsibilities, for example, in the event of force majeure, illegal activities or other circumstances for which responsibility cannot be attributed to us and which make fulfilment of the contract impossible; reasonable grounds exist where the event endangers the smooth operations of our business, its security or reputation, or our guests; where reservations were made giving misleading or false information with respect to significant details, e.g. the identity of the customer or the purpose of the event.

4. In cases where we are entitled to withdraw from the contract, the customer has no claim to compensation.

VIII. Technical equipment and connections

1. Insofar as we procure technical and other equipment from third parties for the customer upon its request, this is done on behalf of and on the authority of the customer and for its account. The customer will be liable for careful handling of the equipment and its proper return. The customer will indemnify us against all third-party claims following handover of such equipment.

2. The customer’s use of its own electrical or electronic equipment using our electricity supply requires our consent. Any costs, faults or damage caused by the use of such equipment will be borne by the customer, to the extent that we are not responsible for these.

3. Faults with technical or other equipment provided by us will be remedied as promptly as possible, whereby multiple remedial attempts are permitted. Payment cannot be withheld or reduced, to the extent that we are not responsible for these faults.

1. Animals

Animals may only be brought onto our premises with our prior consent. The customer is obliged to supervise the animal properly while it is on our premises. A customer who brings an animal onto our premises is liable to the landlord for any damages caused by the animal. This includes third-party claims against the landlord attributable to the animal’s behaviour.

1. Final provisions

    Changes or additions to the contract, to the acceptance of the application or to these Terms and Conditions must be made in writing. Unilateral changes or additions made by the customer are invalid. We reserve the right to amend these General Terms and Conditions at any time with future effect.

2. The place of performance and payment is Munich.

3. The exclusive place of jurisdiction for disputes concerning cheques and bills of exchange in commercial dealings is Munich. Insofar as a contractual partner fulfils the conditions of Section 38 Para. 2 of the ZPO (German civil procedure code) and has no general place of jurisdiction in Germany, Munich is deemed to be the agreed place of jurisdiction.

4. German law shall apply. The application of the UN’s Convention on Contracts for the International Sale of Goods and of conflict of laws is excluded.
5. Should an individual provision in these General Terms and Conditions prove to be or become invalid or void by law, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply.

Munich, 1 June 2021