AGB – General Terms and Conditions
§1 Validity of the GTC
1.1. The Restaurant YVES, Bistro and Event Location (hereinafter “YVES”), Strandweg 5, 25980 Rantum, represented by the Managing Director Alexander Hofmann, makes all offers and provides all services exclusively on the basis of these General Terms and Conditions (hereinafter “GTC”).
1.2. Conflicting general terms and conditions or terms and conditions of purchase and delivery shall not be recognized even without express objection by YVES in the event of performance or delivery and shall therefore not form part of the contract. Unless YVES has agreed to the validity in writing.
For purposes of this Agreement, the following terms shall have the following meanings and shall apply equally to ‘m/f/d’.
- the taking over of the premises by the customer on a rental basis: “rental”;
- the provision and service of food and beverages to the customer: “hospitality”;
- “Participants” all persons who are in the event room at the instigation of the customer, e.g. guests, contributors.
§3 Conclusion of contract
3.1. No claim to the conclusion of a contract can be derived from an appointment request/reservation in YVES for specific dates. The contract between the customer/organizer (hereinafter referred to as “Organizer”) is only concluded with the binding response of YVES when the contract/cooperation agreement has been fixed and signed in writing and the General Terms and Conditions of YVES have been accepted in writing. The YVES will hold a submitted offer for seven days. If there is no response from the interested party by the end of this period, the appointment will be assigned to someone else. However, both parties undertake to immediately notify the other party of any planned use or waiver of the pre-noticed date.
3.2. All prices for corporate customers and private individuals or consumers are net prices. VAT of the current percentage amount is shown. The current price list shall apply to all services provided by YVES, unless the parties have expressly agreed otherwise. We will send you the price list by mail or e-mail upon request.
3.3. The address provided by the customer is the billing address, unless otherwise expressly agreed.
3.4. The payment term for customers is 3 days with receipt of invoice. Any payment terms to the contrary shall not be valid. Dunning costs are charged with 5 € plus. Postage expenses charged. Subsequent changes of the billing address after delivery of a first invoice will be charged with a lump sum of 25 € – the customer remains free to prove that a lesser damage or no damage has occurred.
3.5. Upon acceptance of the contract, a deposit of 50% of the total amount is due. The YVES is entitled to demand advance payments. Further, 50% of the balance of the remaining total amount is due by agreement. For arrangements of various services on the day of the event, the invoice amount is due no later than 7 days after invoicing.
§4 General Provisions of the Provision of Services (Conduct of Events, Arrangement of Services)
4.1. The customer undertakes to follow the instructions of YVES or its representatives with regard to the implementation of the event, the equipment, the venue, etc.. to follow. The notices posted at the venue must also be observed. The customer is responsible for the behavior of his guests within the framework of the implementation of the contract. It is the responsibility of the customer to immediately report any defects / problems that arise during the execution of the event to YVES or its representatives, so that a smooth running of the event is guaranteed.
4.2. The course of the event shall be determined by the parties by mutual agreement and in due time. The YVES cannot guarantee that short-term change requests of the customer can be considered on the day of the event.
4.3. In case of force majeure (e.g. due to a power failure, water damage, noise caused by unannounced craft/construction work nearby) the event space cannot be used or can only be used partially as planned by the tenant, YVES will waive 90% of the rental fee.
4.4. If the event goes beyond the originally agreed period of time or if additional or other services of YVES than those originally agreed are actually called upon, YVES shall be entitled to charge separately for the (increased) costs, in particular for room rental, technology, personnel as well as additional catering.
4.5 In particular, with regard to transportation of persons, which is carried out by third parties and artist mediation, YVES acts only as an intermediary, i.e. the agreement is concluded between the customer and the third party. Claims for non-performance, damages, etc. are in these cases only against the third party. In the event that third parties are unable to provide such services, the YVES has the right to withdraw from the entire agreement with the customer. However, YVES will endeavor in such cases to make new, suitable offers to the customer.
4.6. Objects brought in must meet the requirements of the building/fire police – the customer, as the event organizer, is also responsible for any necessary event-related official permits, compliance with event-related requirements, GEMA registrations and/or GEMA payments, etc. As the organizer, he must also bear any duties and taxes (entertainment tax or similar).
§5 Handover and return of the premises
5.1. The event premises will be handed over clean to the customer at the agreed time on the day of the event. The premises are to be returned vacated and clean (unless otherwise agreed) after the agreed time. Furniture / fixtures / goods etc. must have been completely removed no later than 12 hours after the end of the rental period. Otherwise, the YVES may store the items at the expense of customers. The removal of trash left behind by customers / guests by the YVES is also at the expense of the customer.
5.2. If the premises are returned damaged, it is assumed that the damage was caused by the customer or his guests during the rental period. The customer must therefore immediately notify YVES or its representatives of any visible defects in the premises before the start of the event and also ensure that unauthorized third parties are not allowed entry.
5.3. The delivery or assembly of furniture, goods, equipment, etc. by the customer must be carried out in compliance with the following guidelines: For the transport of such goods into the event area, the on-site entrances, staircases and also all floor coverings must be protected from damage by placing rubber mats, carpets or similar underneath. For delivery with transport carts, caddies etc. only carts with rubber wheels are to be used. Protective covers or felts must be attached under any furniture, tripods, etc. The attachment of decorative material and the use of the premises for exhibition purposes require the express consent of YVES and may, if necessary, be subject to additional remuneration.
§6 Cancellations/ Withdrawal
6.2. We reserve the right to claim further damages. In particular, the customer acknowledges that services provided by third parties (e.g. entertainment costs, bookings of artists and technical trades, etc.) may be subject to special cancellation or termination conditions.
6.1. In case of a complete cancellation of the contract by the customer, the customer owes a remuneration in the amount of the following percentages of the contractually agreed remuneration: costs for arrangements (conferences, weekend programs, day and evening programs as well as packages or packages with per person prices), the provision of the event location (in case of room rentals), transportation reservations, artist placement transactions, other:
– in case of cancellation after sending the booking confirmation by the YVES at least 15 % of the agreed remuneration
– in case of cancellation up to 180 days before the start of the event 20% of the agreed fee
– in case of cancellation up to 90 days before the beginning of the event 30 % of the agreed remuneration
– in case of cancellation up to 70 days before the beginning of the event 40% of the agreed fee
– in case of cancellation up to 55 days before the beginning of the event 50% of the agreed remuneration
– in case of cancellation up to 40 days before the beginning of the event 75% of the agreed fee
– in case of cancellation up to 25 days before the beginning of the event 90 % of the agreed remuneration
– in case of cancellation at even shorter notice 100 % of the agreed remuneration
The basis for the calculation of the cancellation costs is in each case the agreed number of participants in the order confirmation. A reduction in the number of participants can be made once up to a maximum of 10% of the agreed number of participants free of charge no later than 15 working days before the start of the event.
6.3. Cancellation or withdrawal from the contract must always be declared in writing by registered mail, receipt of which must be confirmed by YVES. The date of receipt of the statement by the YVES is considered the date of cancellation.
6.4. If agreed advance payments are not made on the agreed dates, YVES may withdraw from the contract. In such cases, the YVES is entitled to claim damages. The YVES also has the right to withdraw from the contract if a) due to force majeure (see above), in particular the rented rooms are no longer usable or there is danger to life and limb, b) the customer makes misleading or false statements about essential circumstances such as in particular the person of the organizer / the purpose of the event when concluding the contract or c) the YVES has factually justified reason to believe that the event may jeopardize the smooth operation of the business, the safety or the reputation of the YVES in the public.
7.1. YVES is liable – regardless of the legal grounds – only if the damage was caused by culpable breach of one of the cardinal obligations or essential secondary obligations in a manner that jeopardizes the achievement of the purpose of the contract or is due to gross negligence or intent on the part of YVES.
7.2. If the YVES is liable according to sec. 7.1. for the breach of an essential contractual obligation without gross negligence or intent, liability shall be limited to the extent of damage that YVES typically had to expect at the time of the conclusion of the contract based on the circumstances known to it at that time. Liability for consequential damages, in particular for loss of profit or compensation for damages to third parties, is excluded, unless YVES is guilty of intent or gross negligence.
7.3. Claims for damages under the Product Liability Act and for damages arising from injury to life, limb or health shall remain unaffected by the above limitations of liability.
7.4. The above limitations of liability also apply in favor of the legal representatives and vicarious agents of YVES.
§8 Data protection
8.1. The YVES will collect, store and use personal data for the execution of the contract according to the legal requirements. The YVES will treat such data as strictly confidential and will not disclose it to third parties.
§9 Final provisions
9.1. German law applies to the YVES restaurant. Place of jurisdiction and place of performance – as far as legally permissible – is Hamburg. The YVES will collect, store and use personal data for the execution of the contract according to the legal requirements. The YVES will treat such data as strictly confidential and will not disclose it to third parties.
9.2. German law shall apply exclusively, even if the customer is domiciled abroad.
9.3. Verbal collateral agreements are not permissible. Subsidiary agreements must be made in writing.
9.4. The place of jurisdiction and performance – to the extent permitted by law – is Hamburg, Germany.
9.5. Should individual provisions of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the parties by mutual agreement by a legally valid provision which comes as close as possible to the economic sense and purpose of the invalid provision. The above provision shall apply mutatis mutandis in the event of regulatory gaps.