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Imprint

Thomas Thielemann

Restaurateur & Consultant

Zum Kollbach 7

85238 Petershausen

info@thielemann.cooking

Phone +49 151 2708 7755

VAT ID DE815539920

Conditions / GTC

GENERAL BUSINESS AND RENTAL CONDITIONS
AS OF January 2024

I. Scope
1.1 Thomas Thielemann Catering deals with, among other things, the implementation of events for companies and private individuals & consumers (hereinafter referred to as clients). Thomas Thielemann´s range of services includes advice, planning, organization and process control, as well as services relating to the venue and / or event catering.

1.2 The following general terms and conditions represent the final regulation of the relationship between Thomas Thielemann and the client - insofar as mandatory legal regulations and individual agreements do not conflict with this. With the conclusion of the contract, the client recognizes the validity of these GTC. Conflicting terms and conditions of the client are hereby expressly contradicted.

II. Conclusion of contract, leadership, legal relationships with third parties

2.1 The client receives an offer from Thomas Thielemann based on the preliminary discussions held with him. This offer contains a detailed description of the services to be provided by both sides, as well as the cooperation services incumbent on the client. The offer is sent to the customer either by means of telecommunication transmission in the form of a scanned document (e.g. in the PDF file format) as an attachment to an e-mail and/or by personal delivery and/or by dispatch by letter/courier post. Unless otherwise stated in the offer, Thomas Thielemann has a right of withdrawal for 14 days from receipt of the offer. After the expiry of the aforementioned period, the offer is to be understood only as an invitation to submit an offer by the client. The contract is effectively concluded with timely receipt of a copy of the last offer or order confirmation from Thomas Thielemann legally signed by the client. With regard to the manner of delivery to Thomas Thielemann, Section 2.1 Clause 3 above applies accordingly. In the case of several clients, a legally effective signature is required from each. If the client submits an offer, the contract only comes into effect when the client receives the order confirmation from Thomas Thielemann.

2.2 Thomas Thielemann offers are non-binding for 4 weeks from receipt by the client. If the client does not conclude a contract during this time or has notified changes Thomas Thielemann reserves the right to make any adjustments to the prices and quantities listed and to adapt them to the circumstances and current procurement costs.

2.3 The sample offers are only to be regarded as samples. Sent sample offers are valid for 3 months from the date of creation and the prices contained therein serve as an initial guide and are not fixed. After that, Thomas Thielemann  reserve the right to make price adjustments based on the current procurement costs.

2.4 When the contract is concluded, both sides name one person who is responsible for coordinating the activities of all those involved on the respective side, in particular the coordination of the time and content of the activities of Thomas Thielemann with those of the client. The persons named in this way are considered to be authorized in the internal relationship of the contractual partners to make legally binding declarations in the name of the respective named contractual partner, whereby the above paragraph regarding the manner of making such declarations

2.1 sentence 3 applies accordingly. The communication of general information and data in connection with the execution of the contract can take place verbally and/or by telephone/telephone and/or in writing by sending or transmission as letter/courier post and/or fax and/or simple e-mail.

2.3 Insofar as Thomas Thielemann concludes contracts with third parties (e.g. rental contracts, contracts with suppliers, artist contracts, etc.) for the purpose of fulfilling the performance obligations assumed by Thomas Thielemann, this is done exclusively on behalf of the client in the name and for the account of Thomas Thielemann, unless between the The customer and Thomas Thielemann have expressly agreed otherwise in individual cases.

III. Services

Thomas Thielemann is obliged to provide the services agreed in the individual contract.

IV. Obligations to perform and cooperate as well as obligations of the client
4.1 The customer is obliged to pay the contractually agreed remuneration to Thomas Thielemann for the services he has commissioned. In addition, the customer must reimburse Thomas Thielemann for the expenses incurred by him for the purpose of providing the commissioned services, insofar as these were part of the offer or were approved by the customer. The same applies with regard to such expenses that Thomas Thielemann considers appropriate and necessary under the circumstances. Unless otherwise regulated in individual contracts, taxes (e.g. entertainment tax, etc.), customs duties, fees (e.g. GEMA, etc.) and levies are paid out by Thomas Thielemann and are to be reimbursed by the customer in their respective amount. The contractually agreed payment services and other price information are generally exclusive of the applicable sales tax (currently: 19%).

4.2 Unless otherwise regulated in individual contracts, the client is also obliged to pay 10% of the total amount of the contractually owed remuneration claims to Thomas Thielemann as payments on account immediately after the conclusion of the contract, but at the latest within a period of 7 bank working days from the date of the corresponding invoice. 40% of the total up to 90 days before the event and another 40% of the
Total up to 14 days before the event. The three down payment amounts will be invoiced by Thomas Thielemann in advance and deducted accordingly from the final invoice. The remaining balance of the contractually agreed remuneration claims, as well as any additional costs incurred, plus any additional orders for services, food, drinks, additional material or additional work by the staff will be charged according to the list prices of Thomas Thielemann calculated separately in the final invoice, which must be paid immediately after receipt of the invoice within 7 bank working days. Thomas Thielemann is not obliged to begin providing the agreed services until the payments on account have been received; in particular, the rental/booking of a contractually specified event location by Thomas Thielemann is subject to the timely receipt of payment.

4.3 Unless otherwise regulated in individual contracts, the client is obliged to make the necessary registrations with authorities in his name and at his own expense and to obtain rights from collecting societies (e.g. GEMA, VG Wort, VG Bild-Kunst). Evidence of the registration or obtaining of rights must be submitted to Thomas Thielemann upon request.

4.4 The customer must ensure that the decorative material brought in by him, his employees or vicarious agents or his guests meets the fire safety requirements. In case of doubt, the client is obligated towards Thomas Thielemann to present an official approval for this at his request.

4.5 In order to avoid possible damage and/or disturbances, the erection of items and objects as well as the attachment of decorative and advertising material to walls, ceilings and doors as well as the erection and attachment of information signs and advertising of any kind in the area of the entire rented event location are only permitted prior written consent from Thomas Thielemann. Irrespective of the above, the customer is obliged to remove any objects/goods brought in at the end of the event at his own expense or to have them disposed of professionally. Thomas Thielemann is not obliged to store such objects.

4.6 The customer must provide the information and explanations required for the planning, organization and implementation, in particular release declarations and permits, in good time so that the work processes at Thomas Thielemann and the implementation of the event are not delayed or impaired.

4.7 The customer has the prior written consent for any references to the contractual event intended for publication, distribution and presentation, in particular if these contain invitations to sales events or references to other events, and if these references to Thomas Thielemann are made to be obtained from Thomas Thielemann. The above applies to any form of publication, distribution and presentation, in particular by means of print media of any kind and any number of copies, (radio) radio/satellite radio, television/(cinema) film/video, or other digital media of any kind. Thomas Thielemann is free to provide its own advertising in written form (flyers, business cards, etc.) at any time.

4.8 If the customer is a political association, he has the obligation to clearly indicate this to Thomas Thielemann upon conclusion of the contract. If Thomas Thielemann has reason to believe that the client's event could endanger the smooth running of business, the reputation or the security of the building and/or that unrest is to be expected as a result of the event for political or other reasons, Thomas Thielemann has the right Request protection from regulatory authorities and/or cancel the event and/or terminate the contract without notice. Demonstrable costs and damage arising from this are to be reimbursed to Thomas Thielemann by the client.

 

V. Price adjustments, changes in the number of participants and the event time
5.1 If there are more than three months between the time the contract is concluded with a client who is not an entrepreneur and the contractually specified time for the provision of the services, Thomas Thielemann is entitled to demand the contractually agreed remuneration and that of Thomas Thielemann for the purpose of providing the expenses to be incurred for the commissioned services, but at most in accordance with changed market acquisition/procurement costs (e.g. costs to be borne by Thomas Thielemann for rent, external services, goods, material, taxes, customs duties, fees and charges, etc.) and/or not by Thomas Thielemann to account for operational cost changes (e.g. wages, etc.) and any change in the sales tax rate. If the scope of an increase significantly exceeds the increase in living expenses, ie by more than 20%, the client is entitled to withdraw from the contract. This right of withdrawal can only be exercised by the customer within a cut-off period of two weeks after notification of the price adjustment. The above regulation applies accordingly to contracts between entrepreneurs with the proviso that a) a price adjustment due to a change in the sales tax rate is also permitted before the end of the three-month period without the customer's right to withdraw, and b) a price adjustment due to cost increases that based on an increase in market acquisition prices, only entitle the customer to withdraw if the scope of this increase exceeds the total amount of the contractually agreed remuneration and the expenses to be made by Thomas Thielemann for the purpose of providing the commissioned services by 7.5%.

5.2 The client undertakes to inform Thomas Thielemann of any changes with regard to the information he provided about the number of participants when the contract was concluded no later than 14 working days before the date of the event, in compliance with the form in accordance with Section 2.2 above. The information about the number of participants given in the above notification is to be understood as an independent guarantee promise by the customer and is binding for both parties. The client is obliged to settle the invoice created on the basis of this information. Thomas Thielemann is entitled to increase the agreed remuneration appropriately if the number of participants falls below the stated number by more than 10%. If the specified number is exceeded, billing will be based on the actual number of participants.

5.3 If the agreed start or end times of the event change and Thomas Thielemann agrees to these deviations, Thomas Thielemann can charge for the additional willingness to perform unless the deviations are due to reasons for which Thomas Thielemann is responsible.

5.4 Thomas Thielemann also charges for the follow-up work of the service personnel. The follow-up work by the staff after an event can take a maximum of 1.5 hours.

 

VI. terms of payment
6.1 Thomas Thielemann claims for payment are due and payable without deductions within a period of 7 bank working days from the date of the relevant invoice.

6.2 Irrespective of the above, the client is in default according to Section 286 (3) BGB no later than 14 days after the due date of a claim and receipt of the corresponding invoice, without the need for an express reminder.

6.3 In the event of default in payment, Thomas Thielemann is entitled to charge interest of 5% or, if the client is not a consumer within the meaning of Section 288 II, 13 BGB, 8% above the respective base interest rate of the ECB. Furthermore, Thomas Thielemann is entitled to charge a reminder fee of EUR 5.00 net for each reminder sent after default has occurred

 

VII. Cancellation Fees
7.1 In the event of a contract cancellation in accordance with Section 8.1 Paragraph 2 below, a withdrawal in accordance with Section 8.2 below and in the event of an effective extraordinary termination for good cause in accordance with Section 9.2 below (hereinafter referred to as “cancellations”), Thomas Thielemann is entitled to reasonable compensation for the precautions taken by him and for his expenses as well as for the lost profit. Taking into account the above principle, Thomas Thielemann is entitled from the conclusion of the contract to liquidated damages (hereinafter referred to as "cancellation fees") in the amount that can be expected in the usual course of things, taking into account the expenses usually saved and the usually possible other use of services already provided claim damages, namely:
• The 10% deposit paid for cancellations up to 6 months before the event date remains with Thomas Thielemann
• 50% cancellation fee on the contract total for cancellations up to 90 days before the event;
• 75% cancellation fee on the contract total for cancellations up to 60 days before the event;
• 90% cancellation fee on the contractual total for cancellations up to 15 days before the event;
• 100% cancellation fee on the contractual total for cancellations made 14 days or more before the event.
Thomas Thielemann reserves the right to assert claims for compensation for verifiable damage in excess of the agreed cancellation costs. Services and expenses by third parties, special services (e.g. musicians, artists, special decorations, special prints of menu cards, etc.) or other services and expenses that become useless as a result of the cancellation must be borne in full by the client in any case if these Thomas Thielemann will be billed.

7.2 The client is permitted to prove that no damage has occurred or that the damage was significantly lower than the amount of the cancellation fee.

 

VIII. Withdrawal
8.1 Thomas Thielemann grants the client the right to withdraw from a concluded contract within a period of two working days from the date of its conclusion without further notice and without incurring any costs if the contractual event day is at least four weeks longer when the client submits the corresponding declaration lies in the future. In addition, cancellation of the contract at the instigation of the customer for reasons for which Thomas Thielemann is not responsible is only possible with the consent of Thomas Thielemann. Apart from that, the customer cannot withdraw from the contract, except in cases in which the legal requirements for this are met.

8.2 Thomas Thielemann is entitled to withdraw from the contract for important reasons without incurring any costs, especially if force majeure (e.g. strikes, unrest and natural disasters) or other adverse circumstances for which Thomas Thielemann is not responsible make the fulfillment of the contract unreasonable or even impossible.

 

IX. Extraordinary termination for good cause
9.1 Ordinary termination of the contract is excluded. The mutual right to extraordinarily terminate the contract for an important reason remains unaffected.

9.2 Thomas Thielemann has the right to terminate the contract without notice without prior warning if the client:
a) does not comply with the payment deadlines set out in Section 6.1 of these GTC, or

b) has not settled due claims due to an earlier contract with Thomas Thielemann despite being in default, or

c) does not provide proof of insurance despite a reminder, or

d) stops making payments, applies for insolvency proceedings against the client's assets or opens them with legal effect, or the opening of insolvency proceedings is rejected for lack of assets, or

e) provided misleading or false information about essential facts, for example about himself or the purpose of the event, when the contract was concluded and this makes the fulfillment of the contract unreasonable, or

f) violates his obligations under Section 4.7 above and as a result essential interests of Thomas Thielemann are adversely affected, or g) has violated his obligations under Section 4.8 above and Thomas Thielemann has reason to believe that the event will affect the smooth running of business, the reputation or could endanger the security of the building and/or that unrest is to be expected as a result of the event for political or other reasons.

 

X. Warranty, Complaints, Limitation of Liability, Exclusion

10.1 Thomas Thielemann the warranty for the individually agreed services within the legal scope, unless the following rules on liability limitation and exclusion are relevant.

10.2 If the client sees a reason for a complaint about the services provided by Thomas Thielemann, his employees or his vicarious agents, this must be reported to Thomas Thielemann or the complaint made by Thomas Thielemann or the latter in accordance with the above item 2.2 named person in compliance with the form specified there, so that Thomas Thielemann is given the opportunity to remedy the situation immediately or to provide the service in accordance with the contract. Subsequent complaints are only possible if they are made to Thomas Thielemann within 14 days after the end of the event in compliance with the form in accordance with Section 2.2 above (in writing, confirmation of receipt by the management).

10.3 Claims for damages due to breaches of duty that do not relate to the main contractual obligations are excluded both against Thomas Thielemann and against their vicarious agents, unless intentional or grossly negligent action is involved. Unless otherwise agreed in individual contracts, Thomas Thielemann assumes no obligation to guard or store objects of any kind that are brought by the client, his employees, his vicarious agents or his visitors, customers or guests (e.g. exhibits, conference props/ technology, decoration, musical instruments, personal items, etc.) Accordingly, liability on the part of Thomas Thielemann for destruction, loss or damage to such items is excluded. The same applies to vehicles and valuables parked on the property belonging to the location. A liability of Thomas Thielemann is also and in particular excluded,

  1. if Thomas Thielemann is allowed to use the premises or areas of the location for reasons for which Thomas Thielemann is not responsible

  2. for the function of technical or other devices or objects that Thomas Thielemann procured or rented on behalf of the client,

  3. for mediated external services (e.g. transfers, artist performances, etc.),

10.4 The above limitation of liability also applies to indirect and remote consequential damage, unless the liability relates to an expressly declared assurance that is intended to protect the customer against the risk of such damage. It does not apply insofar as the consequential damage is damage from injury to body, health or life. Claims under the Product Liability Act and other producer liability remain unaffected.
10.5 Any liability is limited to the damage that was foreseeable in terms of reason and amount at the time the contract was concluded.

 

XI. liability of the client
11.1 The client is liable for damage to property caused intentionally or negligently during the event by himself, his employees, other assistants, participants and visitors of the event or vicarious agents, including and in particular for a) damage to the outdoor facilities of the Location, such as trees, flower beds and lawns on the property, caused by people and/or vehicles, b) damage to equipment and furniture in the event rooms and to the building itself, and c) damage to property owned by Thomas Thielemann, the landlord or third parties Things. In addition, the customer is liable for ensuring that a) the decorative material or other items he brings with him meet the fire safety requirements, b) demonstrations of any kind arranged by him are handled taking into account all safety regulations and in particular the fire safety regulations, c) procured by Thomas Thielemann in accordance with the order and provided devices and other items are treated with care and professionally and returned properly.

11.2 The customer is fully liable in accordance with the statutory provisions for personal injury caused by the customer or his employees, other assistants, participants and visitors to the event or vicarious agents.

 

XII. Liability insurance, exemption from liability
12.1 Both contracting parties are obliged to take out adequate liability insurance for personal injury and/or damage to property on the occasion of the events planned in the contractually agreed location and to maintain this until their contractual termination. Evidence of connection and existence of the insurance must be provided at the request of the other contracting party.
12.2 The client must indemnify Thomas Thielemann from any liability towards third parties in the event that claims are made against Thomas Thielemann in connection with the damage events regulated in Section 11 above. The contracting parties indemnify each other against third-party liability claims (e.g. due to an infringement of the right to their own image) that arise in connection with the implementation of the contract. The same applies to any third-party claims arising from the customer's breach of obligations in accordance with the above sections 4.3 to 4.5.

 

XIII. Written form requirement, invalidity of provisions
13.1 All changes, additions, deviations, ancillary agreements must be in writing. This also applies to the cancellation of the aforementioned written form requirement. Any unilateral changes or additions are invalid.
13.2 Should a provision of these GTC be ineffective, this does not affect the validity of the other provisions.

 

XIV. Place of Performance, Place of Jurisdiction, Applicable Law
14.1 The place of performance is Petershausen.

14.2 Dachau is agreed as the exclusive place of jurisdiction if legally permissible or if a contractual partner meets the requirements of Section 38 (1) ZPO and is a merchant or a legal entity under public law or a special fund under public law or if a contractual partner meets the requirements of Section 38 2 ZPO and has no general place of jurisdiction in Germany.

14.3 The law of the Federal Republic of Germany applies. The application of the UN sales law and the conflict of laws is excluded.

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