Legal Notice & Terms and Conditions

Legal Notice

Restaurant Cafe Madrid
KS Gastro GmbH & Co.KG
Klostergasse 3-5
04109 Leipzig
Germany

Commercial Register: District Court of Leipzig, HRA 19422
Represented by: Karsten Schmidt (Managing Director), Jacqueline Schmidt (Managing Director)
Personally Liable Partner: KS Gastro Verwaltung GmbH

Tax Number: 231/157/06500
Responsible for editorial content:
Karsten Schmidt

General Terms and Conditions (AGB)

RESTAURANT CAFE MADRID
General Terms and Conditions, as of June 2026

1. Conclusion of the Contract

• Conclusion of Contract: A contract is concluded upon written or email reservation confirmation by the restaurant. For large-scale events or exclusive bookings, the restaurant may require the confirmation to be countersigned and returned by the contracting partner.
• Contracting Parties: The contractor is Restaurant Cafe Madrid.
• Lease Relationship: The reservation of premises or areas constitutes a lease relationship. Any subletting or re-letting of the provided rooms, as well as their use for purposes other than those agreed upon, requires the prior written consent of the restaurant.

2. Services and Prices

• Inclusive Prices: All prices quoted are final prices in Euro and include the currently applicable statutory value-added tax (VAT) and service charge. Room or provisioning costs apply as agreed in the respective catering contract.
• Changes to VAT: If the statutory VAT rate changes after the conclusion of the contract, the prices will be adjusted accordingly.
• Unused Services: There is no entitlement to a refund or price reduction for services that were contractually agreed upon but not used by the organizer or their guests on the day of the event without timely cancellation (e.g., a lower number of guests than the specified guaranteed number).
• Price Adjustment for Long Lead Times: If the period between the conclusion of the contract and the execution of the event exceeds four (4) months, the restaurant reserves the right to make reasonable price adjustments if the costs for procurement of food/beverages, energy supply, or personnel have demonstrably increased after contract conclusion. The restaurant will inform the organizer of such a price increase without delay. If the price increase exceeds 5% of the agreed total price, the organizer is entitled to withdraw from the contract free of charge within two weeks of notification.

3. Number of Participants, Cancellation, and Minimum Turnover

• Notification of Participant Count: The organizer is obliged to notify the restaurant of the exact number of participants in writing at least 2 working days before the start of the event.
• Billing for Deviations: If the number of participants is reduced at short notice after this deadline, 80% of the booked order (or the agreed menu/buffet costs) will be charged based on the last reported guaranteed number. The organizer is permitted to prove that the restaurant incurred no damage or significantly less damage. In the event of an increase in the number of participants, the actual number of guests present will be used as the basis for billing food and beverages.
• Cancellation of Exclusive Bookings: If the organizer has booked Restaurant Cafe Madrid on an exclusive basis, cancellation free of charge is possible up to 2 weeks prior to the start of the event. In the event of a later cancellation, the restaurant will charge 80% of the agreed or expected order volume. Here, too, the organizer is expressly permitted to prove a lower amount of damage.
• Minimum Turnover: If a minimum turnover was agreed in the catering contract and this is not achieved through the consumption of food and beverages, the restaurant will invoice the difference between the actual turnover and the agreed minimum turnover as compensation (or room rental).
• Priority of the Catering Contract: The regulations and individual agreements in the specific catering contract always take precedence over these General Terms and Conditions.

4. Payment Terms, Advanced Payment, and Default

• Due Date: Invoices from the restaurant are due for payment immediately upon receipt without any deductions.
• Interest on Default: In the event of default in payment, the restaurant is entitled to demand default interest. For consumers (private individuals), this is 5 percentage points above the respective base interest rate. For entrepreneurs (business clients), it is 9 percentage points above the respective base interest rate. The restaurant reserves the right to assert higher damages caused by default.
• Additional Orders by Guests: The organizer is liable for the payment of all food, beverages, or other paid services additionally ordered by the event participants (guests), unless individual billing with the individual guests was expressly agreed in advance.
• Advance Payment: The restaurant is entitled to demand a reasonable advance payment upon conclusion of the contract or prior to the start of the event. The amount of the advance payment is usually up to 50% of the expected total turnover and is specified individually in the event contract.

5. Liability of the Organizer, Third-Party Services, and Brought Items

• Liability of the Organizer: The organizer is liable for all damage to buildings or inventory caused culpably (i.e., intentionally or negligently) by themselves, their vicarious agents, their guests, or other participants of the event. Multiple clients or organizers are jointly and severally liable to the restaurant.
• Proof of Insurance: The restaurant is entitled to require the organizer to provide proof of adequate event liability insurance.
• Misuse of Rooms: Any substantial use of the provided rooms deviating from the contractual agreement entitles the restaurant to terminate the contract without notice. The restaurant's claim to the agreed remuneration remains unaffected by this, provided the organizer is responsible for the misuse.
• Third-Party Services: Insofar as the restaurant procures technical or other equipment from third parties for the organizer at the organizer's request, it acts in the name and for the account of the organizer. The organizer is liable for the careful handling and proper return of this equipment and indemnifies the restaurant against all claims of third parties arising from the provision of such equipment.
• Brought Items and Exhibition Pieces: The bringing in, setup, dismantling, and transport of exhibition or other items are at the organizer's own risk. Details must be coordinated with the restaurant at least one week before the start of the event. Insofar as auxiliary personnel can be provided within the scope of possibility, this will be done for a separate fee.
• Liability for Items Brought In: The restaurant is only liable for the loss, destruction, or damage of brought items or exhibition pieces in cases of intent or gross negligence. This does not apply in the event of injury to life, limb, or health, or in the case of a breach of essential contractual obligations (cardinal obligations); in these cases, the restaurant is also liable for minor negligence, whereby liability is limited to the foreseeable damage typical for the contract.

6. Special Instructions

• Food and Beverages: Bringing your own food and beverages requires the prior written consent of the management. In these cases, a service charge or corkage fee of at least €15.00 incl. VAT will be charged.
• Decoration and Installations: Decoration material brought along must comply with fire safety requirements. The attachment of decorations or other objects is only permitted with the consent of Restaurant Cafe Madrid. Fastening to walls using adhesives, adhesive strips, staples, nails, or screws is prohibited. The organizer is liable for all resulting damage.
• Clearing and Storage: Items brought in must be removed immediately after the end of the event. Storage in the restaurant will only take place after prior arrangement and for a separate fee. The restaurant reserves the right to choose the storage location.
• Malfunctions and Remedy: In the event of disruptions or defects in technical equipment provided, the restaurant will, as far as possible, take immediate remedial action.
• Use of Name and Brand: The use of the name or brand "Restaurant Cafe Madrid" (e.g., for advertising purposes or newspaper advertisements) requires prior written approval. If a publication occurs without consent and significant interests of the restaurant are affected thereby, the restaurant may cancel the event; in this case, the entitlement to the agreed remuneration remains in force in accordance with Section 4.
• Security and Cancellation: The restaurant is entitled to cancel the event if there is reasonable cause to believe that the event jeopardizes the smooth operation of the business, the security, or the reputation of the establishment, as well as in cases of force majeure or civil unrest. Any necessary security measures required as a result of the event may be billed to the organizer after prior justification.

7. Consumer Dispute Resolution (Notice under § 36 VSBG)

Restaurant Cafe Madrid is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. To the ODR Platform of the EU

8. General and Closing Provisions

• Amendments to the Contract: Amendments or supplements to the contract or these General Terms and Conditions must be in text form (e.g., email, letter) to be effective.
• Joint and Several Liability: The client and the organizer are jointly and severally liable to the restaurant for all obligations arising from this contract.
• Severability Clause: Should individual provisions of the contract or these General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. The invalid or unenforceable provision shall be replaced by the statutory regulations.
• Applicable Law: The law of the Federal Republic of Germany applies.
• Place of Jurisdiction and Performance: The place of performance is Leipzig. If the contracting partner is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Leipzig. If the contracting partner does not have a general place of jurisdiction in Germany, Leipzig shall also apply as the place of jurisdiction. For consumers (private individuals), the statutory places of jurisdiction apply.