General terms and conditions
Geschäftsbedingungen
beim Benz -
§ 1 Scope
1.1 | The following general terms and conditions (“GTC”) apply to all contracts between BENZ & CO. Festbetriebe GmbH and its customers. In addition to these terms and conditions, the provisions of our house rules apply in their current version. By concluding the contract, the customer acknowledges both the terms and conditions and the house rules as binding.
1.2 | The terms and conditions of BENZ & CO. Festbetriebe GmbH apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer only become part of the contract if and only to the extent that BENZ & CO. Festbetriebe GmbH has expressly agreed to its validity in writing (e.g. e-mail, letter). This consent requirement applies in any case, for example even if BENZ & CO. Festbetriebe GmbH provides its services to the customer without reservation in accordance with the customer's general terms and conditions.
1.3 | Individual agreements made with the customer in individual cases (including ancillary agreements, additions, amendments) always take precedence over these terms and conditions. Subject to proof to the contrary, the content of such agreements is a contract or confirmation from BENZ & CO. Festbetriebe GmbH in step form or text form (e.g. e-mail) is decisive.
§ 2 Conclusion of contract
2.1 | All offers from BENZ & CO. Festbetriebe GmbH are subject to change and non-binding, unless otherwise expressly stated in the respective offer.
2.2 | An order from a customer is considered a binding contract offer. Unless otherwise stated in the order, BENZ & CO. Festbetriebe GmbH is entitled to accept the order within 14 calendar days of receipt of the order.
2.3 | Acceptance is made in writing by sending the invoice (reservation confirmation) by email.
§ 3 Prices and Payment
3.1 | The bill from BENZ & CO. Festbetriebe GmbH includes the minimum purchase including service fee for a reservation in the party tent. The price is for the scope of services listed in the respective invoice.
3.2 | The invoice is due for payment immediately upon invoicing. The amount is payable within 14 days of receipt of the invoice. If the customer does not pay within this payment period, he is in default of the outstanding amount.
3.3 | Payments are made by BENZ & CO. Festbetriebe GmbH to pay the bank account specified in the invoice.
3.4 | A offsetting of the customer against counterclaims is only permitted if these are undisputed or have been legally established.
§ 4 Tokens and vouchers
4.1 | The tokens (drink and chicken tokens) can be redeemed during the respective Cannstatter Volksfest or Stuttgart Spring Festival, during which the reservation falls, as well as during the following festival. The subsequent festival is determined as follows: The Stuttgart Spring Festival is followed by the Cannstatter Volksfest in the same year; the Cannstatter Volksfest is followed by the Stuttgart Spring Festival in the following year. After that, the tokens are no longer redeemable. There will be no cash payment or partial payment of the value of the tokens, e.g. as change.
4.2 | In connection with a table reservation for the BENZ Box, a voucher with a fixed lump sum is purchased, which can be redeemed on the respective reservation day for all food and beverages offered. If the voucher is not used in full on the reservation day, the remaining amount will be refunded to the voucher holder in the form of tokens upon request. To this end, the unused vouchers must be presented together with the table bill and the reservation bill during the opening hours of the festival tent during the current festival or during the following festival at the festival office of the festival tent. The tokens are redeemable as described above. There will be no cash payment or partial payment of the value of the voucher, e.g. as change.
§ 5 Performance of services
5.1 | The customer is not entitled to bring their own food, drinks or food from third parties to the party tent.
5.2 | Aus Sicherheitsgründen darf der Kunde keine Gegenstände ins Festzelt mitführen, die nach der Hausordnung verboten sind. Der Kunde hat Taschenkontrollen zu dulden.
§ 6 Warranty and liability
6.1 | Leave Benz & Co. At the customer's request, Festbetriebe GmbH takes care of takeaway food, BENZ & CO. Festbetriebe GmbH provides no further guarantee for the quality and condition of this food. The consumption of these dishes by the customer or third parties is therefore at their own risk.
6.2 | In the event of injury to the life, limb or health of the customer or his guests, we are liable for any fault. This also applies to other damage if we or our vicarious or vicarious agents violate an essential contractual obligation. In all other cases, we are only liable for intent and gross negligence.
6.3 | Mandatory product liability law remains unaffected by the above limitation of liability.
6.4 | The BENZ & CO. Festbetriebe GmbH is not liable for impossibility of performance or delays in performance if these were caused by force majeure. Force majeure is anything unforeseeable, unavoidable and beyond the control of BENZ & CO. Festbetriebe GmbH to understand an event involving the fulfilment of the contractual obligations of BENZ & CO. Festbetriebe GmbH makes completely or partially impossible, in particular natural disasters, terrorist acts, explosions, war, unrest, fire, floods, epidemics, quarantines, embargoes, etc.
§ 7 Return of non-consumable items
7.1 | The one from BENZ & CO. Non-consumable objects (e.g. crockery, cutlery, glasses, etc.) made available to the customer by Festbetriebe GmbH may not be taken along.
§ 8 Cancellation conditions
8.1 | A reduction or a complete cancellation of the reservation is possible free of charge, within 14 days (before the start of the party), as long as payment has not yet been made.
Sofern eine kostenfreie Stornierung nicht möglich ist, wird dem Kunden der volle Preis in Rechnung gestellt.
§ 9 Applicable Law, Jurisdiction and Miscellaneous
und Sonstiges
9.1 | The legal relationship between BENZ & CO. Festbetriebe GmbH and the customer are exclusively subject to the laws of the Federal Republic of Germany. Vienna's UN sales law does not apply.
9.2 | The exclusive place of jurisdiction is Stuttgart if the customer
a) is a merchant, a person under public law or a special fund under public law;
b) has no general place of jurisdiction in the Federal Republic of Germany or, after conclusion of the contract, has moved his place of residence or habitual abode outside the scope of the Code of Civil Procedure of the Federal Republic of Germany, or
c) nach Vertragsschluss seinen Wohnsitz oder gewöhnlichen Aufenthalt aus dem Geltungsbereich der Zivilprozessordnung der Bundesrepublik Deutschland verlegt hat
oder
d) der Wohnsitz des Kunden oder sein gewöhnlicher Aufenthalt im Zeitpunkt der Klageerhebung nicht bekannt ist. c) his place of residence or habitual residence is unknown at the time the action is brought.
9.3 | Should a provision in these terms and conditions be or become void, ineffective or unenforceable in whole or in part, or should the contract contain a loophole, this shall not affect the effectiveness and enforceability of the remaining provisions. Instead of the void, ineffective or unenforceable provision or to fill the regulatory loophole, the parties will agree on a legally admissible provision which corresponds as far as possible to what the parties wanted or would have agreed in accordance with the spirit and purpose of this contract if they had recognized the ineffectiveness or the regulatory loophole. If the invalidity of a provision is based on a measure of performance or time (deadline or deadline) specified therein, the provision shall be considered agreed with a legally admissible measure closest to the original measure.
§ 10 Participation in dispute resolution proceedings
Information requirement §36 and §37 VSBG
10.1 | The company BENZ & CO. Festbetriebe GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board
10.2 | A dispute resolution body responsible for you would be:
Universalschlichtungsstelle des Bundes – Zentrum für Schlichtung e.V.
Straßburger Str. 8
77694 Kehl
Internet: www.universalschlichtungsstelle.de
However, we refuse to participate in dispute resolution proceedings.