DEKHALU Catering
& Events GmbH

DEKHALU Catering & Events GmbH
Borsigstraße 25
63110 Rodgau

HR Darmstadt
HRB 104534

Managing Director: Khalid El-Abdellati
Tax number: 00728100432
VAT ID: DE358812231

Contact person: Khalid El-Abdellati
Mobile: 0171 6278967
Email: info@dekhalu.de

§ 1 Scope of application

1.1 These terms and conditions apply to event agreements concluded between DEKHALU Catering & Events GmbH and the client/tenant (hereinafter referred to as the "customer") and to the associated catering services provided by DEKHALU Catering & Events GmbH and any resulting consequential legal disputes. We object to any deviating terms and conditions of our customers.

1.2 Our GTC shall also apply to all future transactions with the customer until new GTC are announced.

§ 2 Prices & Order acceptance
2.1 All prices are net prices and are quoted in euros plus the applicable value added tax.
2.2 We reserve the right to increase our prices appropriately if there are at least 3 months between the conclusion of the contract and the date of the event and cost increases occur after the conclusion of the contract, in particular due to collective wage agreements or increases in the price of materials. We shall provide the customer with evidence of these on request. In the event of substantial price increases, the customer has the right to withdraw from the contract. The cancellation conditions stated within these GTCs shall apply.
2.3 Until the order is accepted, all offers are subject to change.
2.4 The offer can only be accepted by written confirmation from the customer or their representative.

§ 3 Partial cancellation by the customer
3.1 The customer is entitled to reduce the number of guests and service elements on which the calculation is based by up to 10% up to 14 days before the start of the event with a corresponding price adjustment. The time of receipt of the reduction request by DEKHALU Catering & Events GmbH is decisive for the calculation of the deadline.
3.2 If the number of guests and service elements is reduced by more than 10%, DEKHALU Catering & Events GmbH reserves the right to make individual price adjustments.

§ 4 Direct billing of the customer's guests
If the customer wishes DEKHALU Catering & Events GmbH to bill the customer's guests, this shall require an express written agreement.

§ 5 Authority to issue instructions
DEKHALU Catering & Events GmbH alone is authorized to issue instructions to the personnel it provides.

§ 6 Delivery bottlenecks
If ingredients, food, drinks or equipment are not available or not available at reasonable prices at the time of the event, DEKHALU Catering & Events GmbH shall be entitled to supply comparable, equivalent ingredients, food, drinks or equipment instead, insofar as this is reasonable for the customer.

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§ 7 Complaints
Business customers must report obvious defects immediately after delivery of the goods and hidden defects immediately after discovery. Otherwise they lose their warranty claims for defects.

§ 8 Retention of title
All food, beverages and consumables delivered to the customer shall remain the property of DEKHALU Catering & Events GmbH until final payment of the invoice.

§ 9 Termination / Cancellation / Withdrawal
9.1 If the customer cancels for a reason for which DEKHALU Catering & Events GmbH is not responsible, DEKHALU Catering & Events GmbH has the right to charge the customer the following flat rates:
-  up to 7 months before the date 30% of the net invoice amount plus VAT
-  up to 8 weeks before the date 50% of the net invoice amount plus VAT
-  up to 4 weeks before the date 75% of the net invoice amount plus VAT
-  up to one week before the date 90% of the net invoice amount plus VAT. VAT
-  up to 4 weeks before the date 75% of the net invoice amount plus VAT
-  up to one week before the date 90% of the net invoice amount plus VAT
-  from one week before the date 100% of the net invoice amount plus VAT

9.2 DEKHALU Catering & Events GmbH shall have the right to withdraw from or terminate the contract for good cause. right of withdrawal or termination for good cause in particular if

a) the customer is in arrears with payments of invoices and a reminder with a deadline has been sent and the deadline set has expired, or
b) deliveries and services have been provided under misleading or false statements of material facts, e.g. c) DEKHALU Catering & Events GmbH has reasonable grounds to believe that the use of its deliveries and services could endanger the safety or reputation of DEKHALU Catering & Events GmbH and its employees in the public eye.

9.3 If DEKHALU Catering & Events GmbH exercises its right of withdrawal or terminates the contract for an important reason attributable to the customer, it shall retain the right to settlement in accordance with the above cancellation regulations.

§ 10 Advance payment / Invoicing
10.1 DEKHALU Catering & Events GmbH reserves the right to invoice the following advance payments or down payments:
-  50% of the net invoice amount when the order is placed,
-  a further 25% from 4 weeks before the project date,
-  a further 15% from 2 weeks before the project date.

10.2 The payment term of DEKHALU Catering & Events GmbH is 5 working days after dispatch of the invoice.
10.3 Invoices are sent in electronic form.

§ 11 Offsetting
The customer may only offset claims that have been legally established or recognized by DEKHALU Catering & Events GmbH.

§ 12 Third-party claims and fines
The customer shall indemnify DEKHALU Catering & Events GmbH against all third-party claims and fines in connection with the event, insofar as the customer, its vicarious agents or its guests are responsible for them.

§ 13 Limitation of liability
DEKHALU Catering & Events GmbH shall not be liable for slight negligence on the part of its representatives or vicarious agents. However, if DEKHALU Catering & Events GmbH violates essential contractual obligations, which jeopardizes the achievement of the purpose of the contract, liability in the case of slight negligence is limited to the foreseeable damage typical for the contract.
Preceding limitations of liability and exclusions of liability do not apply in the event of injury to life, limb or health.

§ 14 GEMA
The timely registration of GEMA-liable works with GEMA and the timely payment of GEMA fees are the sole obligations of the customer. DEKHALU Catering & Events GmbH may demand written proof of registration of the event with GEMA and written proof of payment of GEMA fees from the customer in good time before the event. If the customer is not in a position to provide the aforementioned proof or is not prepared to do so, DEKHALU Catering & Events GmbH may demand a security deposit from the customer in the amount of the anticipated GEMA fees.

§ 15 Place of jurisdiction of DEKHALU Catering & Events GmbH
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be Offenbach am Main and the law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
The European Union provides an online platform ("ODR platform") for the out-of-court settlement of consumer disputes. We are not willing or obliged to participate in online dispute resolution in consumer matters.

§ 16 Other regulations
DEKHALU Catering & Events GmbH has the right to create image & video material of the customer event for advertising purposes without disrupting the project process. The personal rights of guests and customers must be protected in compliance with legal regulations. Should the customer object to the creation of image and video material, the objection must be made in writing to DEKHALU Catering & Events GmbH in advance.

§ 17 Force majeure and official requirements
17.1 If DEKHALU Catering & Events GmbH is unable to provide the service due to force majeure, the contract shall be canceled and all advance payments shall be refunded. DEKHALU Catering & Events GmbH is not liable for any other costs incurred by the customer (booking of other service providers, etc.).
17.2 DEKHALU Catering & Events GmbH is not liable for damage to the property of the customer or third parties caused by force majeure, natural disasters or other unforeseeable events that are beyond the control of DEKHALU Catering & Events GmbH.

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§ 18 Official regulations and contract adjustment

18.1 If, in particular on the basis of the Infection Protection Act, official regulations are issued according to which the event is prohibited or the number of participants must be significantly reduced (either by specifying an absolute upper limit or by a square meter per capita regulation), although more participants were planned, this shall constitute a disturbance of the basis of the contract in accordance with §313 BGB.

18.2 In this case, both parties may demand an adjustment of the contract in accordance with §313, para. 1.and 2.BGB may demand an adjustment of the contract. This consists of the tenant being able to hold his event on the same conditions on all free days of the low season or free Fridays of the high season. The contracting parties can make use of the right to amend the contract as soon as the conditions for the event date are known, or 6 weeks before the event if the conditions are not yet known but it is obvious that there will be such conditions. As this provision represents a reasonable balancing of interests for both contracting parties, a right of withdrawal pursuant to Section 313 (3) BGB is excluded.

18.3 If the event is rebooked on the basis of Section 18.2 by means of an addendum to the rental agreement, the cancellation period shall not begin to run anew and the Lessor shall retain all advance payments made.

18.4 Other official requirements that influence the staging of the event, in particular bans on dancing, masks and social distancing, as well as other hygiene regulations, do not in principle give rise to any right to amend the contract.

18.5 If the parties agree that the event is to take place on the original date in compliance with all requirements and the originally planned number of guests is prohibited, the obligation to book shall be adjusted to the maximum number of guests permitted under the official regulations.

§ 19 Final provisions

19.1 Should any provision of these Terms and Conditions be invalid, this shall not affect the validity of the other provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to it; the same shall apply to loopholes in this agreement.

19.2 Deviating agreements or ancillary agreements must be set out in writing in order to be valid; this shall also apply to the waiver of this formal requirement.

19.3 The Terms and Conditions and the contracts concluded on their basis shall be governed exclusively by German law.