Legal Notice & Terms and Conditions
Legal Notice (Imprint)
Restaurant Cafe Madrid
KS Gastro GmbH & Co.KG
Klostergasse 3-5
04109 Leipzig
Germany
Commercial Register: District Court (Amtsgericht) Leipzig, HRA 19422
Represented by Managing Directors: Karsten Schmidt, Jacqueline Schmidt
Personally Liable Partner: KS Gastro Verwaltung GmbH
Contact:
info@cafe-madrid.de
Show Email (Not for reservations!)
Tax ID Number (Steuernr): 231/157/06500
Responsible for editorial content:
Karsten Schmidt
General Terms and Conditions (AGB)
RESTAURANT CAFE MADRID
General Terms and Conditions, as of October 2019
1. Conclusion of Contract
A contract is deemed concluded when a written reservation confirmation has been issued by Restaurant Cafe Madrid and signed by the contractual partner. The contractor is Restaurant Cafe Madrid. The reservation of rooms or spaces establishes a tenancy. Subletting or re-renting these spaces requires the written approval of Restaurant Cafe Madrid.
2. Services; Prices
All prices stated for services at Restaurant Cafe Madrid are inclusive prices. They include the statutory value-added tax (VAT) and the service charge. If the statutory VAT rate changes after the conclusion of the contract, the agreed price shall be adjusted accordingly. The provisioning costs for the rooms or spaces shall apply as specified in the respective concluded contract. The refunding of paid but unutilized services is not possible. If the period between the conclusion of the contract and the provision of the service exceeds 4 months, Restaurant Cafe Madrid reserves the right to make price adjustments without prior notice.
3. Cancellation Periods / Withdrawal
We require written notification of the exact number of participants no later than 2 days before the event. Thereafter, we will charge 80% of the booked order value, applying a goodwill deduction. In this case, the compensation for food will be based on the guaranteed number of participants, even if fewer participants attend. If the specified number of participants is exceeded, the actual number of participants shall be decisive for the calculation of food and beverages. If the organizer has booked Restaurant Cafe Madrid on an exclusive basis, a cancellation period of 2 weeks before the start of the event applies. In the event of a later cancellation, we will apply a goodwill deduction and charge 80% of the booked order value. Furthermore, the conditions set out in the catering contract (Bewirtungsvertrag) shall apply. If a minimum turnover was agreed upon in the catering contract and this minimum turnover is not achieved, the difference will be billed as room rental.
4. Terms of Payment
Our invoices are due immediately and are payable without any deductions. The contractor is entitled to charge default interest at a rate of 8 percentage points above the applicable base interest rate in accordance with § 247 of the German Civil Code (BGB). The client is liable for the payment of any additional food, beverages, etc., ordered by the event participants. For the reservation of premises, an advance payment of 30% to 50% of the expected turnover may be requested.
5. Liability
The contractual partners of Restaurant Cafe Madrid, the guest as such, or the host are fully and jointly liable to Restaurant Cafe Madrid for any damage caused by themselves, their guests, or third parties commissioned by the client. It is the responsibility of the organizer to arrange appropriate insurance coverage for this purpose. Restaurant Cafe Madrid may request proof of such insurance. Any use of the premises assigned to the guest that deviates from the agreement entitles Restaurant Cafe Madrid to terminate the contractual relationship without notice, without reducing the claim to the agreed remuneration. Insofar as Restaurant Cafe Madrid procures external services, technical equipment, or other facilities from third parties for the organizer, it acts in the name and for the account of the organizer; the organizer is liable for the careful handling and proper return of these facilities and indemnifies Restaurant Cafe Madrid against all third-party claims arising from the provision of these facilities. Delivery, setup, dismantling, and removal of exhibition items and other objects shall be carried out by the client at their own sole risk. Details must be coordinated with Restaurant Cafe Madrid one week before the start of the event. Upon request, auxiliary staff for transport and setup will be provided where possible in return for a special fee. Restaurant Cafe Madrid is not liable for damage to or loss of objects brought onto the premises. Restaurant Cafe Madrid is only liable for lost or damaged exhibition pieces of the client if its legal representatives or vicarious agents acted intentionally or with gross negligence. The client and the organizer are liable, regardless of fault, for any damage to and/or loss of equipment and/or inventory of Restaurant Cafe Madrid in connection with the event.
6. Special Instructions
Bringing food and beverages requires the prior approval of the management. In these cases, a service fee or corkage fee of at least €15.00 incl. VAT will be charged. Decoration material must comply with fire safety regulations and, like other objects, may only be put up with the consent of Restaurant Cafe Madrid. Attaching decoration material to the walls using adhesives, adhesive strips, staples, nails, or screws is prohibited. Any damage will be invoiced to the organizer. At the end of the event, items brought onto the premises must be removed from the restaurant. Storage will only take place if Restaurant Cafe Madrid agrees and in return for a separate fee; the choice of the storage location is determined by Restaurant Cafe Madrid. In the event of storage in a conference or exhibition room, the storage fee shall be based at least on the agreed room rental rate. Should disruptions or defects occur in the technical or other facilities provided by Restaurant Cafe Madrid, the restaurant will, as far as possible, take immediate remedial action. The client is responsible for proving that they have suffered damage as a result of such disruptions or defects. Restaurant Cafe Madrid is only liable for any damage suffered by the client if such damage is based on intentional or grossly negligent behavior by a legal representative or vicarious agent. The use of the name and/or trademark "Restaurant Cafe Madrid" for any purpose requires the written approval of the contractor. All audio and image rights for recordings made in Restaurant Cafe Madrid are expressly transferred to Restaurant Cafe Madrid without special agreement. In particular, newspaper advertisements containing invitations to job interviews or sales events generally require the prior written consent of Restaurant Cafe Madrid. If a publication is made without the restaurant's consent and essential interests of Restaurant Cafe Madrid are thereby impaired, the restaurant has the right to cancel the event; in this case, Section 4 (payment of rent and compensation) applies. Furthermore, the contractor has the right to charge license and usage fees. If Restaurant Cafe Madrid has reasonable cause to believe that the event threatens to jeopardize smooth business operations, security, or the reputation of the establishment or its guests, as well as in cases of force majeure or civil unrest, it may cancel the event. The costs of security measures made necessary by an event may be charged to the organizer of the event. Restaurant Cafe Madrid does not need to justify the necessity of the security measures to the client. A reasonable cause for the security measure is sufficient.
7. Consumer Dispute Resolution / ODR Regulation
The merchant (Cafe Madrid) does not commit to participating in dispute resolution proceedings before a consumer arbitration board. To the EU Online Dispute Resolution Platform
8. General Provisions
All amendments must be made in writing. The client and the organizer are jointly and severally liable for all obligations arising from this contract. Should individual provisions of the contract (including these present terms and conditions) be or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, that valid provision shall be deemed agreed upon which comes closest to the economic purpose of the invalid provision. The same applies to contractual gaps. The contract is subject to the law of the Federal Republic of Germany. The place of performance and exclusive place of jurisdiction for all disputes arising from the business relationship is Leipzig.