Restaurant Sein, Scheffelstr. 57, 76135 Karlsruhe
1. SCOPE OF APPLICATION
1.1 These terms and conditions apply to contracts for the rental of the restaurant rooms
for the implementation of events, as well as for all services and deliveries provided by the restaurant for the customer in this context.
1.2 General terms and conditions
of the customer only apply if this has been expressly agreed in advance.
2. CONCLUSION OF CONTRACT, PARTNER, LIABILITY, LIMITATION OF LIMITATIONS
2.1 Contract partners are the restaurant and the customer.
The contract is concluded when the restaurant accepts the customer‘s application (verbally or in writing).
The restaurant is free to confirm the booking of the event in writing.
2.2 The restaurant is liable for damage to life, limb or health for which it is responsible.
Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty
by the restaurant or an intentional or negligent breach of typical contractual obligations of the restaurant.
A breach of duty by the restaurant is equivalent to that of a legal representative or vicarious agent.
Further claims for damages, unless otherwise regulated in Section 9, are excluded.
Should disruptions or deficiencies in the services of the restaurant occur, the restaurant will
endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately.
The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
In addition, the customer is obliged to inform the restaurant in good time of the possibility of exceptionally high damage.
2.3 All claims against the restaurant become statute-barred one year from the start of the statutory limitation period.
Claims for damages expire depending on knowledge in five years, unless they are based on injury to life, body, health or freedom.
These claims for damages become statute-barred after ten years regardless of knowledge.
The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the restaurant.
2.3.1 Restaurant Sein vouchers are valid for 3 years from the date of issue to the end of the year and cannot be paid out in cash.
3 SERVICES, PRICES, PAYMENT, ON INVOICE
3.1 The restaurant is obliged to provide the services ordered and promised by the customer.
3.2 The customer is obliged to pay the restaurant‘s agreed or applicable prices for these and other services used. This also applies to services commissioned directly by the customer or via the restaurant that are provided by third parties and disbursed by the restaurant. In particular, this also applies to claims by copyright collecting societies.
3.3 The agreed prices include the taxes applicable at the time the contract is concluded. In the event of changes in statutory sales tax or the introduction, change or abolition of local taxes on the subject of the service after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
3.4 Invoices from the restaurant without a due date are payable immediately after receipt of the invoice without deduction. The restaurant can demand immediate payment of due claims from the customer at any time. In the event of default in payment, the restaurant is entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base rate. The restaurant reserves the right to provide evidence of higher damage.
3.5 The restaurant is entitled to request a reasonable advance payment or security deposit from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
3.6 In justified cases, for example, the customer‘s payment arrears or expansion of the scope of the contract, the restaurant is entitled to make an advance payment or security deposit within the meaning of section 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full, even after the conclusion of the contract up to the start of the event to demand the agreed remuneration.
3.7 The customer can only offset or set off an undisputed or legally binding claim against a claim by the restaurant.
4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT )
4.1 A withdrawal by the customer from the contract concluded with the restaurant is only possible
if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or
if the restaurant expressly agrees to the cancellation of the contract.
The agreement of a right of withdrawal as well as any consent to a contract cancellation should be made in text form.
4.2 If an appointment has been agreed between the restaurant and the customer to withdraw from the contract free of charge, the customer can withdraw from the contract until then without triggering payment or damage claims by the restaurant. The customer‘s right of withdrawal expires if he does not exercise his right to withdraw from the restaurant by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the restaurant does not agree to a cancellation of the contract, the restaurant retains the right to the agreed remuneration despite not using the service. The restaurant has to credit the income from renting the rooms to other parties as well as the saved expenses. The expenses saved in each case can be lump-sumed in accordance with Sections 4.4, 4.5 and 4.6. The customer is free to prove that the claim did not arise or did not arise in the required amount. The restaurant is free to prove that a higher claim has arisen.
4.4 If the customer only withdraws between the 8th and 4th week before the date of the event, the restaurant is entitled to charge 35% of the lost food sales in addition to the agreed rental price, and 70% of the food sales for any later withdrawal.
4.5 The calculation of the food sales is based on the formula: agreed menu price x number of participants. If no price has yet been agreed for the menu, the cheapest menu of the current event offer will be used as a basis.
4.6 If a conference flat rate has been agreed for each participant, the restaurant is entitled to charge 60% of the conference flat rate x the agreed number of participants in the event of withdrawal between the 8th and 4th week before the date of the event, and 85% of the conference flat rate x the agreed number of participants in the event of a later withdrawal.
4.7 For reservations for which the guests do not appear or cancel the reservation later than 24 hours in advance, the
GENERAL CANCELLATION CONDITIONS apply