General Terms and Conditions of Business for Private Functions:
I. Sphere of application
1. The General Terms and Conditions of Business apply to all contractual relations between the Restaurant and the Purchaser (Event Organiser) for the hiring of the Königlicher Hirschgarten's conference, banquet and exhibition rooms and space, together with catering and all other associated services. They also apply in the same way to the garden area.
2. Solely these General Terms and Conditions of Business apply to the contract. No other terms and conditions become a part of the contract, even if the Restaurant does not explicitly contradict them.
II. Conclusion of contract and contractual content
1. The Restaurant's offers are without obligation. A binding contract materialises once the purchase order is confirmed in writing.
2. If the Purchaser is acting for a third party, the Purchaser is required to communicate this in writing, stating the third party's name/company name, address and a contact with authority to represent the third party.
3. Insofar as the conclusion of the contract wholly or partly establishes a tenancy, subletting without the consent in writing of the Restaurant is excluded.
4. The Restaurant staff are not authorised to enter into verbal contractual stipulations, amend these General Terms and Conditions of Business or come to other verbal arrangements. Supplementary or differing agreements must be confirmed in writing by the Restaurant.
5. Should the period between the conclusion of the contract and the event be more than 4 months, the Restaurant reserves the right to adjust prices owing to an increase in purchase prices, wage costs or Value Added Tax. Each price adjustment is limited to the actual increase
in the factors mentioned. Should the price rise by more than 6% the Purchaser can withdraw from the contract without any further costs.
6. The Event Organiser, his employees, performing agents and those attending events are not permitted to bring food and beverages to events. Any differing arrangements have to be agreed with the Restaurant.
III. Prices and payment
1. The Restaurant is entitled o demand an appropriate advance payment at any time. A down-payment is due to fix the event. This amounts to € 500 - € 3,000 depending on the event and is stipulated when the event is fixed. The Restaurant has to have received the full amount for the
contract to become effective. The amount invoiced remaining after the down-payment is due at the end of the event and incurs interest at the rate of 12% from the third day after that. Unless the amount of the advance payment and the payment deadlines are agreed differently in writing in the contract, the following advance payments are agreed:
From an event size of € 10,000 the advance payment is:
• 30% upon the conclusion of the contract as a guaranty, plus
• 50% 1 week before the commencement of the event
• the rest immediately after the invoice has been presented net without deduction
2. The number of event-goers is binding and is the basis for the price calculation, except when the stated number of event-goers is exceeded. The Purchaser must notify deviations from the number of event-goers by not later than 4 working days prior to the date of the event to enable the requisite preparation.
3. From 1.00 a.m. there is a surcharge of € 150.00 per hour.
IV. Altering the number of event-goers
1. Should the Purchaser notify in writing that the number of event-goers will be lower than stated in the purchase order, the price for the differing number of event-goers is reduced as follows
• up to the 7th day prior to the agreed date of the event, by 100% of the food and beverage sales
• from the 6th to the 2nd day prior to the agreed date of the event, by 50% of the food and beverage sales
• if the alteration to the number is not notified, 100% of the number of event-goers stated in the purchase order is charged.
2. If the number of event-goers stated in the purchase order is exceeded, the actual number of event-goers is charged.
3. Should the number of event-goers differ, the Restaurant reserves the right to allocate other acceptable rooms to the Purchaser.
1. Cancellations must be in writing.
2. In the event of the contract being cancelled the Restaurant is entitled to demand fair and reasonable compensation, depending on when the contract was cancelled. The amount of the compensation is worked out as follows, unless the Purchaser can prove that no loss was sustained.
|30 and more days before the agreed date of the event||no compensation|
|29 - 7 days before the agreed date of the event||Down-payment plus 5% of the total sum quoted on the confirmation of order|
|6 to 3 days before the agreed date of the event||Total sum quoted on the confirmation of order|
|from 2 days before the agreed date of the event and thereafter||Total sum quoted on the confirmation of order|
3. Should the food and beverage sales, e.g. in the à la carte range, not be stipulated in the confirmation of order, in the case of cancellation we take food sales of € 20 and beverage sales of € 9.00 per event-goer as the basis for the calculation.
4. Special arrangements must be made in writing. This does not affect the Restaurant's right to demand further damages in accordance with the provisions of law.
VI. Decorative material, music, communication equipment
1. Decorative material, other items, music and communication equipment may be put up and set up only by agreement with the Restaurant. The Purchaser guarantees that decorative and work materials brought in comply with the requirements of the fire authorities. In case of doubt sufficient fire-authority proof may be requested.
2. The exhibition items and other items must be removed promptly after the end of the event. Should the Customer fail to comply with this obligation, the Restaurant is allowed to remove and store these items at the Customer's expense. For items left in the function room the Restaurant is permitted to charge room rent for the time they are left there or undertake the necessary disposal at the Customer's expense. The preceding provisions also apply to items hired from third-party firms and brought into the rooms.
3. Music is permitted indoors. The loudness of the music must conform to the requirements of the State Capital Munich City Hall. There is an in-house system in our Stadl and the Herzog-Stub´n. Any other setting up and dismantling of light and sound equipment must be co-ordinated by not later than two days before the beginning of the event. All equipment, light, sound and stage elements must be dismantled after the end of the event and transported away immediately. The Restaurant accepts no liability for damage or theft. The letting off of fireworks and any open fire whatsoever are strictly forbidden.
1. The Event Organiser is just as responsible for loss or damage caused by its employees, other assistants, performing agents and event-goers as for loss or damage caused by the Event Organiser itself. It is incumbent upon the Event Organiser to take out appropriate insurance for this. The Restaurant may demand proof of such insurance.
2. The Restaurant is not liable for clothing and other items belonging to the Event Organiser.
3. Except in the case of culpable injury to the tenant's life, limb or health, the Restaurant is liable only for breaches of duty due to gross negligence or intent, in particular in the case of the loss of items of clothing and valuables, unless special agreements have been entered into.
4. The limitation of liability also applies to the Restaurant's liability for the staff, performing agents and vicarious agents it engages.
5. In the case of breaches of contract involving qualitative defects due to ordinary culpability, breaches of duty under preliminary or subsidiary contract due to ordinary negligence, the Restaurant's liability is excluded unless cardinal duties are violated, compliance with which is required for the purpose of the contract or which arise from legitimate laying claim to special trust. In this case the Restaurant's liability is limited to compensating foreseeable loss or damage.
6. Items brought in by the Event Organiser are stored exclusively at the Event Organiser's risk in the rooms allocated.
VIII. Final provisions
1. The Restaurant is entitled to withdraw from the contract for an objectively legitimate reason if force majeure, breakdowns or malfunction for which it is not responsible or other hindrances to performance for which the Restaurant is not responsible occur. Also especially if the Purchaser's creditworthiness is not objectively evident or no security in the amount of the agreed price is deposited. The same also applies if the safety or security of beer garden and restaurant is legitimately questioned.
2. The Restaurant is entitled to alter the performance owed or to effect equivalent room changes, whilst considering the Purchaser's interests.
3. Should individual provisions of these General Terms and Conditions of business be or become invalid, this shall not affect the validity of the other provisions. Differing agreements or subsidiary agreements must be made in writing.
4. The contractual relationship is subject to German law. UN law on the sale of goods is not applicable. The place of jurisdiction and performance for both parties is Munich.
5. By signing the hospitality contract in accordance with the event agreement you accept our General Terms and Conditions of Business. These are the basis for the arrangement of your event.
sgd. Johann Eichmeier, Königlicher Hirschgarten
Johann Eichmeier, Königlicher Hirschgarten