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GENERAL TERMS AND CONDITIONS

CATALOGNA COLOGNE CATERING

1. Area of application

These general terms and conditions apply to all contracts, deliveries and other services of CC CATERING GMBH (contractor) to their customers (client). Deviating conditions of the customer are hereby contradicted. Such only become part of the contract if they are expressly recognized in writing by CC CATERING GMBH. Unless the customer is a consumer, these conditions also apply to all future deliveries and services by the contractor to the customer, even if they are not expressly agreed again.

2. Offer

Offers in price lists, prospectuses, catalogues, internet etc. are non-binding. Our offers lose their validity if they are not accepted in text form within a period of 10 working days after receipt, including these terms and conditions. Verbal or telephone offers are only valid if they are immediately confirmed in writing. For planning reasons, offers must be confirmed to the client 14 days before the start of the event. Orders must be promptly confirmed by the contractor with a signature and sent back to the client. If these are not signed, the order confirmations are not valid. The client is then entitled to release the corresponding event date for other customers. Quality agreements must be in writing. Unless expressly agreed otherwise, product descriptions, illustrations and samples do not constitute an agreement on quality. Minor deviations from and changes to our product descriptions, illustrations and samples are permissible. This applies in particular to the use of products with seasonally fluctuating prices. Catalogues, price lists and these General Terms and Conditions lose their validity when a new edition is published. Repeated changes to the offer initiated by the customer are to be remunerated by the customer after the third change. The fee is €9.90 net per additional offer. A translation flat rate of EUR 50.00 per 1,000 characters will be charged for translations of the contractor's offers into a language other than German commissioned by the client. CC CATERING GMBH is entitled to replace products and ingredients with those that come closest to the selected product in the event of delivery bottlenecks that are not their fault.

3. Rehearsal dinner

Rehearsal dinners are generally possible by prior appointment. At the rehearsal dinner, however, only excerpts of the dishes on offer are served. If a contract is concluded with a signed order confirmation, the rehearsal meal will not be charged additionally. If there is no order, the rehearsal dinner will be charged per participating person.

4. Prices / minimum order value / payment

Unless otherwise stated, all prices in catalogues, lists, the Internet and offers are prices plus the applicable statutory VAT and exclusive of any public charges. All prices are generally valid from an order value of €2,500.00 plus VAT, within the city limits of Cologne and on working days. In the case of a lower order value and outside of Cologne, prices are subject to agreement. For events that take place on a Sunday or public holiday, a flat-rate surcharge of 25% must be paid on all list prices. The minimum order value is €1,500.00 plus VAT on working days (Monday to Friday) and €2,500.00 plus VAT on weekends (Saturday to Sunday) and public holidays. When shipping products, a surcharge of €125.00 will be added to the shipping costs for processing fees. A processing fee of €10.00 is payable for each reminder. The client has to pay a down payment / payment on account of 80% of the order value when the order is placed, which must be received by the contractor within 5 working days of the written order being placed or, if this period is shorter, no later than 2 working days before the event. The other 20%, plus the remuneration for special and additional services, will be invoiced within one week after the event. All invoices are payable without deductions and are due after the respective date shown on the invoice form. All invoices are assessed with 19% VAT. The customer is only entitled to set off counterclaims that are undisputed or have been legally established, relate to a counterclaim that is ready for a decision, are undisputed by the contractor or with regard to which the contractor has expressly agreed to offsetting in writing. A right of retention on the part of the client also only exists in these cases.

5. Terms of Delivery

The transport takes place at the risk of the customer. The risk is transferred upon delivery from the contractor's registered office. The delivery price already includes the unloading and loading of the truck as well as the handover of the rented goods behind the first door of the location at ground level, provided that the door can be reached directly and without long taxiways. Correct delivery also requires an entrance door at least 1m wide x 2.0m high and an access road suitable for trucks (up to 40 t). Any set-up costs must be marked separately in the logistics area or will be billed appropriately afterwards based on actual expenditure. The contractor guarantees direct delivery to the event location and appropriate parking facilities for the delivery vehicles. Rented refrigerated trailers also need a parking space with the associated electricity requirements. We assume that our transport vehicles, on which the rental goods are delivered, will remain on site. Our transport trolleys are stackable and therefore require little space. If the transport trolleys / empties cannot be stored on site, this additional service (transport and storage logistics) will be charged appropriately. Services outside normal business hours (Monday to Saturday from 6 a.m. to 10 p.m.), on Sundays and public holidays and for fixed deliveries (time window of less than 1 hour) incur additional costs, which are charged appropriately. The venue/delivery location must be freely accessible; any waiting times will be calculated appropriately on the basis of a post-calculation. In principle, the items offered are not weatherproof (unless they are specially marked). When used outdoors, it can sometimes lead to damage, e.g. due to moisture. Any resulting costs must be invoiced. For outdoor events, the equipment must be agreed with the contractor beforehand. The dates mentioned for the provision of services are generally only approximate unless fixed dates are agreed in writing. In the event of a delay in delivery, the customer must set a reasonable grace period with a threat of rejection. After fruitless expiration he can withdraw from the contract.

6. Force Majeure

Force majeure, labor disputes, unrest, official measures and other unforeseeable, unavoidable and serious events release the contractual partners from their performance obligations for the duration of the disruption and to the extent of its effect. In particular, delayed delivery as a result of traffic jams, accidents, operational disruptions, strikes, power failures, etc. constitute cases of force majeure in which a delay in delivery does not occur.

7. Weather conditions

In principle, all items offered are not waterproof. In the event of outdoor use with possible bad weather conditions, the contractor is obliged to replan his event accordingly in order to protect all the items offered by the client from moisture and weather damage. Furthermore, items are not to be stored in open areas, overnight and without guarding, as temperature fluctuations occur.

8. Security

In order to ensure that the event runs smoothly and safely, the client requires all the necessary information about the event location. The customer must be informed of the site plan, power connections, escape routes, water connections and waste water connections for possible rental equipment. All cables and connections are to be made available by the building services for the client. For safety reasons, CATALOGNA also offers the client a fire protection package for barbecue events. Barbecue events are only to be held outdoors, as we do not prepare food on the barbecue in closed rooms for fire protection reasons. Likewise, no barbecue events are held in various tent constructions, be they open or closed.

9. Warranty

CATALOGNA guarantees that the goods sold have the contractually guaranteed properties at the time of the transfer of risk.In the case of special events such as trade fairs, for example, the contractor is obliged to provide the client with the appropriate access documents such as ID cards or parking tickets. Changes to the delivery item do not require the prior consent of the customer, insofar as they are relevant or desired by the customer and can be fulfilled by the contractor. Such changes do not constitute a defect. Obvious defects must be reported immediately upon delivery. The notice of defects must be made in writing. Later complaints can no longer be accepted due to the lack of verifiability. Hidden defects must be reported in writing within 24 hours of discovery. CATALOGNA must be given the opportunity to make the relevant determinations. The warranty right expires entirely if the notification of defects is made late or reservations are not made due to known defects upon acceptance. The same applies if the client makes changes himself or makes it difficult or impossible for CATALOGNA to identify and rectify the defects. CATALOGNA has the right to supplementary performance by repairing or replacing the goods at its own discretion. The customer can only assert further claims if two attempts at rectification have failed due to the same defect. A guarantee for objects brought in is not accepted. The warranty also does not extend to defects that occur at the customer's premises as a result of natural wear and tear, moisture, excessive heat or improper handling or improper storage. In the same way, the warranty does not extend to reasonable deviations in shape, dimensions, appearance, consistency, taste and other properties of the goods.

10. Liability of the Contractor

Claims by the customer for compensation for damage, including damage that did not occur on the delivery item itself, for example due to delay, breach of duty or tort, are excluded insofar as the damage was not caused by intentional or grossly negligent action and insofar as there are no cardinal obligations on the part of the contractor are injured. In the event of a breach of essential contractual obligations and cardinal obligations, the liability for damages is limited to the amount of damage typical of the contract and, if the customer is a merchant, also to the amount of the order value. This does not apply in the case of grossly negligent or intentional breach of duty. The limitation of liability applies to the same extent to the contractor's vicarious agents. Insofar as the contractor's liability is excluded or limited under these terms and conditions, this also applies to the personal liability of the contractor's employees, workers, employees, representatives and subcontractors. The above exclusions and limitations of liability do not apply to claims under the Product Liability Act or in the event of injury to life, limb or health. In these cases, the contractor is liable in accordance with the statutory provisions.

11. Cancellations / Terminations

Changes to the subject matter of the contract and/or the number of people are excluded after the order has been confirmed. In the event of cancellations, in the event of termination of the contract by the client or in the event that the contractor's service is not accepted by the client without notice, the client - provided the contractor has no important reason for the cancellation / termination / lack of use given - up to one week before the start of the event 80%, from 7 days before the start of the event 100% of the order value to be paid. Goods already purchased for the order are also to be reimbursed at the usual selling price and are not handed over to the customer. The client is free to prove that less damage or no damage has occurred in individual cases. Instead of the flat rate, the contractor can also specifically calculate the remuneration to which he is entitled.

12. Duty of Care

The client undertakes to treat the items provided such as plates, glasses, crockery, etc. with care and to return them in perfect condition. Missing quantities, damage and breakage are at the expense of the customer. In the event of loss and/or damage, the customer shall be liable for damages in the amount of the replacement value. We expressly refer to the edibility/shelf life limit of the food we provide. Delivered food should not be kept uncooled for consumption beyond the time specified by us. We cannot accept any responsibility for improper handling of goods that have left our area of responsibility.

13. Personnel Services

For all orders, the staff, such as cooks, service staff, etc. will be charged separately according to our current price list. The prices are based on the working hours permitted for employees under the Working Hours Act (ArbZG). From a work shift of 8 hours, a maximum of 10 hours, a second shift must be used. Any additional costs incurred as a result (travel expenses, expenses, etc.) will be calculated appropriately at cost and are to be paid by the client. For special agreements and exceptions, please refer to the respective individual offer. CATALOGNA is only liable for its own personnel and those provided by CATALOGNA itself. No liability is assumed for the client's service staff.

14. Data Privacy

In accordance with §28 and §33 of the Federal Law for Data Protection we draw your attention to the fact that the data necessary in the context of the business settlement are processed and secured by means of an EDV. Personal data will be treated confidentially.

15. Closing Provisions

If any of the provisions of these terms and conditions is invalid or unenforceable, the validity of the remainder of the contract is not affected. The contractual partners are obligated to replace the invalid provision with that valid provision that most closely approximates the economic effect of the invalid provision. The place of performance and place of jurisdiction for all disputes between the parties arising from the contractual relationship is, in so far as the Costumer is a merchant, public sector corporation or special fund under public law, the business place of Contractor. The law of the Federal Republic Germany exclusively applies with exclusion of the UN uniform law for international sales (CISG) the relevant provisions on Conflict of Laws. Any subsidiary agreements must be made in written form; this also counts for cancellation of written form requirements issues.