1. General
1.1 The following General Terms and Conditions apply exclusively to all contracts between us and the customer; the customer's general terms become part of the contract only if we acknowledge them in writing.
2. Conclusion of Contract
2.1 Our offers are always subject to change and non-binding unless submitted in signed form.
2.2 Where offers are prepared on the basis of information provided by the customer or third parties commissioned by them, we accept no liability for the accuracy and suitability of such information, unless its incorrectness is not recognised intentionally or through gross negligence.
2.3 Verbal side agreements require our written confirmation to be effective.
3. Prices, Payments and Cancellations
3.1 Quoted prices are valid only upon placement of the undivided order, unless requested as individual services.
3.2 We are entitled to render and invoice partial services separately.
3.3 Towards consumers, all price statements are understood as total prices including the applicable statutory value added tax. Towards businesses, price statements are understood as net amounts plus the applicable statutory value added tax, unless expressly stated otherwise.
3.4 If the agreed deposit has not been paid at the latest three days before the start of the event, we may refuse to render the services. This does not release the customer from the obligation to pay.
3.4a Unless otherwise agreed, 30 % of the agreed remuneration is due as a deposit within seven days of receipt of the booking confirmation. For the remaining remuneration — plus any additional services and less any reduced services — we issue a final invoice after the event, as a rule within 14 days of the end of the event. The final payment is due within seven days of receipt of the final invoice without deduction.
3.5 Due date. Invoices are payable, unless a deviating payment term has been agreed or stated on the invoice, within seven days of receipt of the invoice without deduction.
3.5.1 Onset of default. Default is governed by the statutory provisions (Section 286 German Civil Code, BGB). If a time by the calendar is determined for a payment (in particular for the deposit under clause 3.4a), default occurs without a reminder upon expiry of that date (Section 286 (2) no. 1 BGB). Otherwise, default occurs if the customer fails to pay upon a reminder received after the due date; without a reminder, at the latest 30 days after the due date and receipt of the invoice. If the customer is a consumer, the 30-day rule applies only if they were specifically informed of this consequence in the invoice (Section 286 (3) BGB).
3.5.2 Default interest. In default, the monetary debt bears interest: towards consumers at five percentage points above the base rate (Section 288 (1) BGB), towards businesses at nine percentage points above the base rate (Section 288 (2) BGB).
3.5.3 Flat rate for businesses. If the customer is a business, in the event of default with a payment claim we may additionally demand the statutory flat rate of EUR 40.00 (Section 288 (5) BGB). The flat rate is incurred only once per payment claim; deposit invoice and final invoice are each separate payment claims. The flat rate is to be credited against any damages owed insofar as the damage is based on costs of legal action (Section 288 (5) sentence 3 BGB). This flat rate is not charged towards consumers.
3.5.4 Reminder costs. The first payment reminder is free of charge. For each further reminder after the onset of default, we may demand reimbursement of the costs actually incurred by us (in particular postage and materials) as damages caused by default. The customer remains entitled to prove that no damage or a substantially lower damage has occurred.
3.6 The address in the letterhead of the order confirmation shall serve as the invoice address; it is binding for both parties as long as no deviating address has been communicated. For subsequent changes to invoices already issued at the customer's request, we charge EUR 12.50 per change. If the customer is a private individual, date and place of birth must be provided to us.
3.7 Cancellation by the customer (outside statutory rights): 3.7.1 In the event of full cancellation, the customer owes the following percentages of the agreed remuneration (arrangements, venue rental, reservations, other): • after dispatch of the booking confirmation: at least 15 % • up to 180 days before: 20 % • up to 150 days before: 30 % • up to 120 days before: 40 % • up to 90 days before: 50 % • up to 60 days before: 75 % • up to 30 days before: 90 % • at shorter notice: 100 %
3.7.2 In the event of cancellation of catering services only (without event rooms): • after booking confirmation: 30 % • up to 60 days before: 60 % • up to 30 days before: 75 % • up to 15 days before: 90 % • at shorter notice: 100 %
3.7.3 The basis is the number of participants agreed in the order confirmation. A reduction of up to 10 % may be made once, free of charge, no later than 10 working days before the start.
3.7.4 The customer is permitted to prove that no damage or lower damage has occurred.
3.7.5 Cancellations must be made in writing; the date of receipt is deemed the cancellation date.
4. Performance and Acceptance of Events
4.1 The course of the event is determined by mutual agreement and fixed in the contract.
4.2 Short-term changes on the event day become part of the contract only upon express confirmation; additional costs may be charged.
4.3 In case of compelling circumstances, we reserve the right to change the date in coordination with the customer. Where participants or equipment are endangered (e.g. natural disasters, pandemics), the event may be cancelled or terminated at short notice.
4.4 The customer shall follow our instructions and is responsible for their guests.
4.5 If the agreed period is exceeded, additional expenses may be charged.
4.6 The bringing in of decorations, furniture, technical equipment etc. by the customer requires our prior written consent. Food and beverages brought in also require consent; this may be made dependent on a service fee / corkage fee.
4.7 Items brought in must comply with local regulations (fire protection etc.) and must be removed within 2 hours after the end of the event.
4.8 The customer obtains official permits in good time at their own expense. Levies payable to third parties, in particular GEMA fees and entertainment tax, shall be paid by the customer directly to the creditor.
4.9 The customer is obliged to accept the service at the stated completion date; acceptance regularly takes place at general rehearsals / test runs. Insignificant defects do not entitle the customer to refuse acceptance.
5. Warranty
5.1 The customer shall inspect the service upon acceptance and report defects without delay; defect notices must reach us no later than 7 days after the end of the event. Complaints regarding performance must be reported without delay during the event so that remedy is possible.
5.2 As warranty, the customer may, as a rule, only demand rectification; the manner is at our discretion.
5.3 If subsequent performance fails, reduction of price or withdrawal are possible.
5.4 We may refuse to remedy defects as long as the customer has not met their payment obligations.
6. Liability
6.1 We are liable for timely and proper performance only if the customer has met their payment obligations.
6.2 We accept no liability for services of third-party businesses engaged on behalf of the customer, except in cases of intentional or grossly negligent breach of the duty of selection and supervision.
6.3 We are liable in accordance with the mandatory statutory provisions.
6.4 For damages other than those resulting from injury to life, body or health, we are liable only in cases of intent, gross negligence, or breach of essential contractual obligations.
6.5 In the event of slightly negligent breach of essential contractual obligations, our liability is limited to the foreseeable damage typical for the contract, generally limited to the amount of the fee.
7. Right of Withdrawal for Consumers
7.1 If the customer is a consumer (Section 13 BGB) and the contract is concluded exclusively using means of distance communication (Section 312c BGB), a statutory right of withdrawal generally exists pursuant to Section 312g (1) BGB.
7.2 No right of withdrawal exists pursuant to Section 312g (2) no. 9 BGB for contracts for the provision of services in connection with leisure activities where the contract provides for a specific date or period for performance. This is the case for the booking of our event venue including catering, service and event services for a specific event date. This also applies to the temporary provision of our premises without catering and service (dry hire) for a specific date. For such bookings, the agreed cancellation terms (clause 3.7) apply instead of a right of withdrawal.
8. Final Provisions
8.1 We process personal data in accordance with the GDPR and the German Federal Data Protection Act (privacy policy: www.rest2rent.de/datenschutz).
8.2 The customer may only offset against undisputed or legally established counterclaims.
8.3 Rights arising from this contractual relationship are transferable only with our consent.
8.4 The law of the Federal Republic of Germany applies. Place of jurisdiction, where permissible, is Hamburg.
8.5 The invalidity of individual provisions does not affect the validity of the remaining ones.
8.6 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 VSBG, German Consumer Dispute Resolution Act).
These Terms are provided in German and English. In the event of discrepancies or questions of interpretation, the German version shall prevail.