Orange Catering Terms and Conditions
1. Validity Our offers, deliveries and services are based exclusively on these general terms and conditions. These are part of all event contracts that we conclude with our customers. Deviating conditions of our customers do not apply, unless we have agreed to them in writing in individual cases.
2. Scope of services The number of guests communicated by the customer and the services agreed for this become legally binding 10 days before the event and determine the scope of services. A change in the number of guests communicated afterwards only changes the service content if we hereby declare our consent in writing or if we actually provide additional services requested by the customer.
3. Due date and delay The agreed fee is due for payment 10 days after the invoice date of the invoice that we have created for our services. If the customer is an entrepreneur, we can demand interest of 8 percentage points above the base rate for outstanding amounts from the due date.
4. Prices, payment, collection All prices are exclusive of the applicable VAT. We are entitled to adjust prices if our service is to be provided later than four months after the conclusion of the contract and wages or costs have increased by more than 5% for us in the meantime. The customer is entitled to terminate the contract due to the price adjustment if this makes it unreasonable for him to fulfill the contract.
5. Deadlines We endeavor to meet the agreed deadlines. If we do not succeed in this in individual cases, the customer allows us a tolerance of up to 60 minutes.
6. Cancellation In the event of cancellation by the customer, Section 649 of the German Civil Code (BGB) applies to our entire service, according to which we are entitled to demand the agreed remuneration, taking into account saved expenses. In the event of a cancellation up to 30 days before the start of the event, the customer therefore has 15%, in the period from 30 days to 20 days 30%, from 20 days to 10 days 50%, 10 days to 3 days 70%, on the 3rd and 2nd Day 90% of the agreed remuneration for the event to be paid to us. In the event of cancellation on the day before or on the day of the event, the agreed amount must be paid. The customer is free to provide evidence that we have saved higher expenses. In the event of cancellation of the event, the agreements made herein apply to a usage contract for premises.
7. Transport costs The customer bears the transport costs for delivery and return transport as well as loading and unloading times for the event. If no special agreement is made on this, we are entitled to charge the cost of transport at the hourly rates of the contract agreed with the customer plus the applicable value added tax.
8. Transfer of risk In the case of deliveries of goods or rental items to an event location outside of our event rooms, the risk of accidental loss or deterioration in the case of entrepreneurs is transferred to the customer as soon as we transfer the delivery item to the forwarding agent commissioned with the transport or, in the case of transport with our own vehicles, to the one commissioned with this Handed over to employees. In the case of contracts with consumers, the transfer of risk occurs when the goods are handed over to the customer.
9. Defects Goods and rented items are to be checked by the customer upon delivery. Any defects and shortfalls that are found must be reported to us or our employees immediately, if necessary by telephone, so that we can remedy the situation. If this does not happen, our delivery is deemed to have been approved by the customer in accordance with the contract. This only applies to consumers in the case of obvious defects.
10. Breakage and loss If the customer's event causes damage to objects that we have made available to the customer, in particular to furniture, crockery or glasses, the customer is obliged to pay compensation. Breakage and shrinkage are to be replaced at the new value. The customer is entitled to prove that no or significantly less damage has occurred. The customer is responsible for any fault on the part of his guests, employees or staff as well as for his own fault. If the customer has rented items from us, he is obliged to pay the rent for the item handed over to us until we receive it back, for damaged, destroyed or lost items, until they have been restored or replaced or compensation paid.
11. Obligation to pay damages We are liable for damages to the customer
Violation of a contractual obligation is only obliged if we or one of our employees can be charged with willful intent or gross negligence, unless compensation for damage to life, body or health is claimed. Exclusions or limitations of liability do not affect liability under the Product Liability Act.
12. Right to exchange We are entitled to exchange the specialties listed in our range or our price list for equivalent ones if the specialties to be delivered are not currently available and the exchange is reasonable.
13. Rental price, rental unit for event items The rents of movable items listed in our offers are valid for a period of 3 days excluding Sundays and public holidays (rental unit). Pick-up and return days count as a full day. If the customer uses the rental item beyond a rental unit, we are entitled to charge the rental in full for each new rental unit that has been started.
14. Obligations of the customer Unless otherwise agreed, our customer is obliged - to insure the rental object against all risks at his own expense; - to inform us immediately if the rental object is damaged and in need of repair, in this case he must refrain from any repairs - to obtain all necessary official permits for the use of the rental object at his own expense.
15. Right of inspection We reserve the right to inspect all rental objects provided by us at any time, to take the necessary measures to preserve them and, if there is a risk of damage or loss, to take them back.
16. Use of rental objects If objects are rented to the customer, he may only use them for the agreed purpose and at the contractually agreed location.
17. Place of fulfillment and place of jurisdiction The place of fulfillment for delivery, handover, payment and place of jurisdiction is Neu-Ulm. If the customer does not belong to the group of persons or institutions named in Section 310, Paragraph 1, Clause 2, the general statutory provisions apply.