jump directly to page content

dinner&co AGB

General Terms and Conditions

 

I. Contractual basis
1. all orders placed with dinner&co GmbH are based on the following
order:
the content of a written contract concluded between the parties
the order confirmation
the offer
these General Terms and Conditions
the statutory provisions of the German Civil Code.
2. deviations from these terms and conditions require written agreement.

II Content of the contract
1. dinner&co GmbH provides catering services.
2. the following terms and conditions shall apply to all deliveries and services. They shall also apply to all future legal relationships between dinner&co GmbH and the Client. Contractual terms and conditions of the Customer shall only become part of the contract if they are recognized in writing by dinner&co GmbH.
3. acceptance of the Contractor's performance shall be deemed to constitute acceptance of these General Terms and Conditions.

III Offer and offer documents / conclusion of contract
1. unless otherwise stated in the offer, it is non-binding. Offers made verbally or by telephone require immediate written confirmation.
2. dinner&co GmbH assumes no liability whatsoever for the accuracy of the information and documents received if offers are prepared according to the information and documents provided by the client, unless their incorrectness and unsuitability is not recognized intentionally or through gross negligence.
3. the obtaining of any necessary official permits, concessions or other authorizations shall only form part of the offer if this is expressly stated. The same applies to customs formalities for deliveries abroad.
4. offers, plans, descriptions of concepts, etc. shall remain the property of dinner&co GmbH with all rights, unless expressly agreed otherwise in writing. The client undertakes to refrain from any other use in any form, in particular reproduction and distribution and disclosure to third parties as well as making changes without the express consent of dinner&co GmbH. In the event of infringements, a contractual penalty to be determined by the competent court shall become due.
5. dinner&co GmbH's written order confirmation shall constitute the conclusion of the contract.

IV. Provision on a rental basis
1. all materials and items supplied by dinner&co GmbH, with the exception of food and beverages, shall remain the property of dinner&co GmbH and shall only be provided on a loan or rental basis.
2. dinner&co GmbH shall treat items provided on loan or hire (e.g. crockery, cutlery, glasses, table linen and the like) with care and return them immediately after the end of the event. For damaged, destroyed or lost items, the client must pay full compensation in the amount of the
The client must pay full compensation for damaged, destroyed or lost items in the amount of the restoration costs (in the case of damage) or in the amount of the new acquisition costs (in the case of destruction or loss).
3. dinner&co GmbH's confirmations of return shall always be subject to a specific inspection.
4. rental fees are calculated on the basis of calendar days. The start of the rental period shall be the day on which the rental object is taken over and the end of the rental period shall be the day on which the rental object is returned. If the rental object is returned late, the full rental fee for one day shall be owed for each additional day.
5. dinner&co GmbH shall be entitled to demand a reasonable deposit for the duration of the rental of items. The deposit shall not bear interest.


V. Prices
1. all prices and price quotations are understood to be in EURO, even without express designation as such, excluding statutory taxes and duties and excluding any other ancillary public charges that may be incurred.
2. the offer prices are only valid for undivided orders.
3. dinner&co GmbH shall be entitled to increase the agreed price appropriately if there are more than four months between the date of conclusion of the contract and the date of delivery in accordance with the contract. This applies in particular if dinner&co GmbH's own procurement costs are higher than assumed when the contract was concluded. If the scope of the price increase exceeds 7.5% of the agreed price, the client is entitled to withdraw from the contract. This right of withdrawal can only be exercised within a preclusive period of 2 weeks from notification of the price increase.
4. dinner&co GmbH shall be entitled to charge separately for any additional expenses incurred if the commencement or progress of performance is delayed for reasons for which dinner&co GmbH is not responsible. The dinner&co GmbH calculation rates valid on the day of performance shall then apply.
5. services not estimated in the offer which are carried out at the request of the client or additional expenses caused by incorrect information provided by the client or other third parties, transport delays for which dinner&co GmbH is not responsible, advance services not provided on time or in a professional manner by the client or other third parties, insofar as these are not covered by the offer.
or other third parties, insofar as these are not vicarious agents of dinner&co GmbH, shall be invoiced additionally to the customer. This shall also apply in particular to costs and fees for obtaining the necessary official permits and concessions, as well as to costs and fees incurred for the provision of services abroad.
6. services and errands carried out for the client at the client's request within the framework of the planning and execution of the contract shall be remunerated separately. dinner&co GmbH shall be entitled to charge a commission for amounts disbursed in this respect. Furthermore, dinner&co GmbH shall be entitled to subcontract such services to third-party companies on behalf of the Principal.
 

VI. Delivery/Transport

  1. The specified dates for the provision of services are generally only approximate unless fixed dates are agreed upon in writing.
  2. If changes or adjustments to the execution are made by the client after the conclusion of the contract, any agreed execution/delivery dates will no longer be binding. The same applies to delays not attributable to dinner&co GmbH, particularly delays caused by the failure to provide documents, necessary official permits, or materials by the client in a timely manner.
  3. In the event of disruptions to operations beyond the control of dinner&co GmbH or its suppliers/subcontractors, such as labor disputes, strikes, lockouts, or cases of force majeure arising from unforeseen and unavoidable events that cause significant operational disruptions, the delivery/completion period will be extended accordingly. If these disruptions make contract fulfillment impossible, both parties are entitled to withdraw from the contract. In such cases, dinner&co GmbH is entitled to compensation for the services provided up to that point, including costs for preparing the offer and claims from third parties commissioned by dinner&co GmbH in reliance on the contract’s execution. Further claims for damages are excluded for both parties.
  4. Products from dinner&co GmbH are always shipped at the client’s expense and risk unless otherwise agreed. Requested or necessary packaging, as deemed required by dinner&co GmbH, will be invoiced separately. The same applies to shipping goods belonging to the client.
  5. Items belonging to the client that are to be used in the performance of services must be delivered to the designated shipping location free of charge by the agreed date. Dinner&co GmbH is not obligated to return such items. If not instructed to do so by the client, the return shipment will be made at the client’s expense and risk from the location of use.
  6. If goods ready for shipment cannot be delivered for reasons attributable to the client, the risk transfers to the client on the day the goods are ready for shipment. The services of dinner&co GmbH are considered fulfilled upon the notification of readiness for shipment being sent to the client.
    VII. Abnahme/ Übergabe
    1. Die Abnahme bzw. Übergabe erfolgt regelmäßig förmlich und unverzüglich nach Leistungserbringung/ Anlieferung. Der Auftraggeber verpflichtet sich, am Abnahmetermin selbst teilzunehmen oder sich von einem entsprechend bevollmächtigten Beauftragten vertreten zu lassen. Insoweit wird ausdrücklich anerkannt, dass auch ein Abnahmetermin kurz vor Veranstaltungsbeginn nicht unangemessen ist.
    2. Eventuell noch ausstehende Teilleistungen oder gerügte Mängel werden schnellstmöglich nachgeholt bzw. beseitigt. Sofern sie die Gesamtleistung nicht wesentlich beeinträchtigen, berechtigen sie nicht zur Verweigerung der Abnahme.
    3. Hat der Auftraggeber die Leistung oder einen Teil der Leistung ohne vorhergehende förmliche Abnahme in Benutzung genommen, insbesondere mit dem Verzehr der gelieferten bzw. zubereiteten Speisen und Getränke begonnen, so gilt die Abnahme mit der Benutzungshandlung als erfolgt.
     

VIII. Warranty

  1. The client is obligated to inspect the deliveries and services of dinner&co GmbH upon receipt or acceptance and to immediately report any identified defects, either verbally on-site or by phone, and to allow dinner&co GmbH the opportunity to make the necessary observations.
  2. As part of the warranty, the client can primarily request rectification of defects. The manner of proper rectification is at the discretion of dinner&co GmbH. Replacement delivery is always an option. Further claims can only be made if two attempts at rectification for the same defect have failed.
  3. Unless explicitly stated in writing, product descriptions, samples, or presentations do not constitute a guarantee or assurance of specific qualities.
  4. The warranty does not cover defects caused by natural wear and tear, moisture, excessive heat, improper handling, or storage by the client. Similarly, the warranty does not cover reasonable variations in form, dimensions, appearance, consistency, taste, or other characteristics of goods, especially food items.
  5. Warranty claims expire entirely if complaints are made late or if reservations about known defects are not made upon acceptance. The same applies if the client makes changes themselves or hinders or makes it impossible for dinner&co GmbH to identify and rectify defects. This is generally the case for complaints about non-hidden defects made only after the event has ended.

IX. Liability

  1. Dinner&co GmbH assumes no liability for defective deliveries or services provided by third-party companies engaged on behalf of the client, unless it is proven that dinner&co GmbH willfully or grossly negligently failed in its duty of care when selecting or supervising the third-party companies. The client may request the assignment of claims by dinner&co GmbH against the third party.
  2. If the contract only involves planning or the creation of a concept, dinner&co GmbH assumes no liability. In this regard, it only guarantees that it is capable of implementing the planning or concepts accordingly.
  3. Claims for compensation for any damages, including those not directly caused to the delivered item itself (e.g., delays, breaches of duty, or tort), are excluded unless the damage was caused intentionally or through gross negligence and as long as the exclusion of such claims does not prevent or endanger contract fulfillment. This limitation of liability also applies to agents and assistants of dinner&co GmbH. Dinner&co GmbH is liable under statutory provisions for claims under the Product Liability Act or in cases of injury to life, body, or health.
  4. If the client uses agents or assistants of dinner&co GmbH to make changes in their premises without the initiative or involvement of dinner&co GmbH (e.g., moving or rearranging furniture), dinner&co GmbH’s liability is excluded.
  5. All claims against dinner&co GmbH arising from contractual breaches expire one year after the statutory limitation period begins, unless they are based on intentional conduct.

X. Credit Basis
The performance obligations of dinner&co GmbH are subject to the client’s creditworthiness. If the client provides false or incomplete information about themselves or facts affecting their creditworthiness, ceases payments, or files for bankruptcy, dinner&co GmbH is not obligated to perform. In such cases, dinner&co GmbH may require advance payment or other suitable security for its payment claims.

 

XI. Intellectual Property, Designs, and Concepts

  1. Plans, designs, drawings, concept descriptions, etc., remain the property of dinner&co GmbH with all associated rights, even if provided to the client. The transfer of ownership and usage rights requires explicit written agreement.
  2. Unless otherwise agreed in writing, changes to plans, designs, concepts, etc., may only be made by dinner&co GmbH, even if these materials are in the client’s possession or ownership.
  3. If the client provides materials or documents for service provision, the client guarantees that no third-party rights will be violated through the production and delivery of services based on their materials. Dinner&co GmbH is not obligated to verify whether the client’s materials infringe third-party rights.

XII. Payment Terms

  1. Dinner&co GmbH is entitled to invoice each service immediately upon its completion.
  2. Unless otherwise agreed, invoices are due 10 days after issuance.
  3. The client must confirm the final number of attendees 5 business days before the event.
  4. Dinner&co GmbH will issue an advance invoice amounting to 80% of the agreed services, plus applicable VAT, payable 14 days before the event.
  5. Deductions of any kind are excluded. Advance payments are not subject to interest.
  6. In the event of payment delay, dinner&co GmbH may claim default interest at the prevailing minimum rates of major banks (at least 8% above the ECB base rate). The client may provide evidence of lower damages.
  7. In cases of payment delay, dinner&co GmbH may also withdraw from the contract and claim damages for breach of duty.

XIII. Set-off and Assignment

  1. Offsetting claims disputed or not legally established is excluded for the client. The same applies to asserting rights of retention.
  2. The client’s rights under the contract may only be transferred with the prior consent of dinner&co GmbH.

XIV. Termination/Cancellation

  1. The client may terminate the contract at any time.
  2. If the client terminates or cancels the contract without cause attributable to dinner&co GmbH, dinner&co GmbH is entitled to the agreed payment as follows:
    • Off-site events:
      • Up to 30 days before the event: 10% of the agreed payment.
      • Up to 14 days: 25%.
      • Up to 7 days: 50%.
      • Up to 3 days: 75%.
      • Less than 3 days: 100%.
    • On-site events:
      • Up to 6 months: 25%.
      • Up to 3 months: 50%.
      • Up to 2 months: 75%.
      • Up to 1 month: 100%.

 

XV. Data Protection
Personal data related to the business relationship will be processed in accordance with the Federal Data Protection Act.

 

XVI. Place of Performance and Jurisdiction
The place of performance and jurisdiction for all disputes is Dortmund, provided the client is a merchant, legal entity under public law, or special fund under public law. German law applies, excluding the UN Sales Convention.

 

XVII. Final Provision
If any provision is wholly or partially invalid, the remaining provisions remain unaffected. Statutory regulations apply in place of invalid provisions.