I. Scope

1. These terms and conditions apply to contracts between the client (hereinafter referred to as the organiser) and Balzer & Co. GmbH for the provision of catering and event services, as well as to all related services and deliveries, insofar as the following clauses are applicable.
   
2. The organiser's terms and conditions shall only apply if this has been agreed in writing in advance.

II. Defects, liability, limitation period

1. The contract is concluded upon acceptance of the organiser's application by Balzer & Co. GmbH; these are the contracting parties.
   
2. Balzer & Co. GmbH shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims for damages by the organiser are excluded. This does not apply to damages resulting from injury to life, limb or health if Balzer & Co. GmbH is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by Balzer & Co. GmbH, and damages based on an intentional or negligent breach of typical contractual obligations by Balzer & Co. GmbH. A breach of duty by Balzer & Co. GmbH is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in the services provided by Balzer & Co. GmbH, Balzer & Co. GmbH shall endeavour to remedy the situation upon becoming aware of it or upon immediate notification by the organiser. The organiser is obliged to contribute what is reasonable to remedy the disruption and minimise any possible damage. Furthermore, the organiser is obliged to inform Balzer & Co. GmbH in good time of the possibility of exceptionally high damage occurring. All claims against Balzer & Co. GmbH shall generally become time-barred one year after the start of the statutory limitation period. Claims for damages expire after five years, regardless of knowledge. The shortened limitation periods do not apply to claims based on intentional or grossly negligent breach of duty by Balzer & Co. GmbH.

III. Services, prices, payment, offsetting

1. Balzer & Co. GmbH is obliged to provide the agreed deliveries and services.
   
2. The organiser is obliged to pay the agreed or customary prices of Balzer & Co. GmbH for these and other deliveries and services used. This also applies to deliveries, services and expenses incurred by Balzer & Co. GmbH to third parties at the organiser's request (in particular also to claims by copyright collecting societies) as well as to additional expenses, such as defective lifts, locked doors, power failures, which arise unexpectedly and could not be calculated.
   
3. Services not included in the quotation that are performed at the client's request or additional expenses caused by incorrect information provided by the client, transport delays through no fault of Balzer & Co. GmbH or non-professional advance services provided by third parties, insofar as they are not vicarious agents of Balzer & Co. GmbH, will be invoiced to the client additionally in accordance with the current remuneration rates of Balzer & Co. GmbH. or professional advance work by third parties, insofar as they are not vicarious agents of Balzer & Co. GmbH, will be invoiced to the client additionally according to the current remuneration rates of Balzer & Co. GmbH. This also includes additional expenses due to complex coordination with service partners. 
4. The agreed prices are net, plus the statutory value added tax applicable on the day of the event.
   
5. If the period between the conclusion of the contract and the event exceeds four months and the price generally charged by Balzer & Co. GmbH for such services increases, the contractually agreed price may be increased appropriately, but by no more than 10%. For each additional year between the conclusion of the contract and the event beyond these four months, the upper limit shall increase by a further 5%.
   
6. Invoices from Balzer & Co. GmbH without a due date are payable without deduction within 10 days of receipt of the invoice. If Balzer & Co. GmbH has, in exceptional cases, granted the organiser a payment term or other credit and the organiser falls into arrears with this or other payment obligations to Balzer & Co. GmbH, the payment term or other credit may be revoked and all claims may be made due immediately. In the event of late payment, Balzer & Co. GmbH is entitled to charge interest at a rate of 6% p.a. The organiser reserves the right to prove lower damages, Balzer & Co. GmbH reserves the right to prove higher damages.
7. Unless otherwise agreed between the contracting parties, the organiser undertakes to make an initial advance payment of 50% of the estimated or already agreed total price at the time of signing the contract, a further 35% 60 days before the event and the remaining 15% of the commissioned sales volume no later than 4 weeks before the first day of the event.
   
8. Any special requests by the client regarding invoicing after conclusion of the contract will be charged at 2.5% of the agreed net amount. This also applies to changes in the billing address.
9. The organiser may only offset claims by Balzer & Co. GmbH with undisputed or legally established counterclaims or exercise a right of retention in this respect.
   

IV. Withdrawal by Balzer & Co. GmbH

1. If and to the extent that advance payments have been agreed with the organiser and the organiser fails to make these payments within a reasonable grace period set by Balzer & Co. GmbH with a threat of rejection, Balzer & Co. GmbH shall be entitled, at its discretion, to withdraw from the contract or to claim damages for non-performance. Clause V shall apply accordingly to the assessment of damages.
   
2. Furthermore, Balzer & Co. GmbH shall be entitled to withdraw from the contract for objectively justified reasons, for example if (a) force majeure or other circumstances for which Balzer & Co. GmbH is not responsible make the fulfilment of the contract impossible or unreasonably difficult for Balzer & Co. GmbH; (b) venues have been booked on the basis of misleading or false information regarding essential facts, e.g. regarding the identity of the organiser or the purpose of the rental; (c) Balzer & Co. GmbH has reasonable grounds to believe that the use of Balzer & Co. GmbH's deliveries and services may jeopardise the safety or reputation of Balzer & Co. GmbH in the public eye, without this being attributable to the sphere of control or organisation of Balzer & Co. GmbH; (d) Balzer & Co. GmbH is unable to transport the necessary equipment, personnel, food or beverages to the event location due to weather conditions or other unforeseeable events, the obligation to perform shall lapse for both contracting parties. In this case, any advance payments already made shall be refunded, less any expenses already incurred by Balzer & Co. GmbH. This shall be the case in particular if the use of access roads is not possible and replacement materials cannot be provided in good time at a reasonable economic cost, so that it is no longer reasonably possible to hold the event.
3. In the event of justified withdrawal by Balzer & Co. GmbH, the organiser shall have no claim to compensation.
   
4. If, in the event of withdrawal in accordance with clauses (2) or (3) above, Balzer & Co. GmbH has a claim for compensation against the customer, Balzer & Co. GmbH may apply a flat rate to the claim. Clause V. (2) shall apply accordingly in this case.

V. Withdrawal/cancellation by the organiser

1. If the event is cancelled or called off by the client for reasons for which the client is responsible, Balzer & Co. GmbH shall receive 85% of the total order amount upon notification of the cancellation if the cancellation is made up to 60 days before the planned date of the event (for events lasting several days, the first day of the event is decisive); 90% of the total order amount if the cancellation is made 59 days or less before the planned event date (for events lasting several days, the first day of the event is decisive).
2. These deadlines apply unless otherwise agreed in the contract. The total order amount is calculated based on the actual number of participants specified in the contract. If the total contract value increases after signing (e.g. due to an increase in the number of people or the booking of additional services), the total contract value at the time of cancellation shall apply.
3. Within the specified deadlines for compensation for lost food and beverage sales, the relevant food sales are calculated using the following formula: menu price x number of persons. If no price has yet been agreed for the menu or buffet, the cheapest meal suggestion from the event offer valid at the agreed time of the event shall be used as a basis. For the purposes of calculating compensation for lost beverage sales, 45% of the total food sales shall be used as the basis for beverage sales, of which 70% shall be used as compensation for lost beverage sales. If a flat rate has been agreed, 60% of the flat rate shall be used.
4. The organiser shall only have a right to withdraw from the contract concluded with him if this has been agreed in writing in the contract. If any right of withdrawal has not been exercised within the agreed period, it shall expire upon expiry of the period and the contract shall remain fully effective, with the result that the organiser shall also be obliged to pay the agreed consideration if he does not make use of the ordered deliveries and services, in particular the ordered event rooms. The consideration also includes compensation for lost food and beverage sales in accordance with Section V. (3).
   
5. In any case, the services arranged with third parties must be paid for by the organiser if a free cancellation of the event for these services is not agreed and Balzer & Co. GmbH is charged corresponding cancellation fees.
   
6. The deduction of saved expenses is taken into account in sections (3) to (5). The organiser is free to prove that the above claim did not arise or did not arise in the amount claimed. Balzer & Co. GmbH reserves the right to prove higher damages.
7. The customer's free withdrawal from the contract concluded with Balzer & Co. GmbH requires the written consent of Balzer & Co. GmbH.
   
8. Pandemic special provision: If the event is prohibited due to official requirements or if it is not reasonable to hold the event at the scheduled time due to the recommendations of the Robert Koch Institute, this would constitute a case of force majeure. The contract concluded may be terminated by either party. The costs already incurred at that time by Balzer & Co. GmbH for preparing quotations, research, administrative fees, tax advisors, subcontractors, location rental, trial meals, purchases for the above-mentioned event format, etc. shall be borne in full by the organiser and paid to Balzer & Co. GmbH.

• Any advance payments already made will be offset against the aforementioned costs and the surplus will not be refunded to the organiser, but will be offset or credited against the organiser's next projects taking place within a period of 12 months.
• If the organiser cancels the event on its own initiative, the cancellation conditions (deadlines and fees) specified in the contract shall apply. With the written consent of Balzer & Co. GmbH, the cancellation fee may also be credited to a new contract in this case, or if a new date is agreed directly, the existing contract may be amended without a processing fee.

VI. Changes to the number of participants and the event time

1. A reduction in the number of participants of up to 5% compared to the agreed number of participants (in the case of an ‘approximate number’, the absolute number stated in figures applies) must be notified to Balzer & Co. GmbH in writing at least 72 hours before the start of the event and will be taken into account as a reduction in the invoice.
   
2. A reduction in the number of participants by more than 5% compared to the agreed number of participants (in the case of an ‘approximate number’, the absolute number stated in figures applies) must be notified to Balzer & Co. GmbH in writing at least seven working days before the start of the event. Unless Balzer & Co. GmbH agrees to a different arrangement in writing, the agreed number of participants minus 5% will be used as the basis for billing in such cases.
   
3. If the number of participants is reduced by more than 10%, Section VI. (2) shall apply accordingly, with the proviso that Balzer & Co. GmbH shall also be entitled to adjust the agreed prices upwards within reasonable limits.
4. In the event of an increase in the actual number of participants above the agreed number of participants confirmed by Balzer & Co. GmbH, the actual number of participants shall be used as the basis for billing.
5. Any additional orders for food, beverages or additional materials shall be charged at the contract prices of Balzer & Co. GmbH.
6. If the agreed start and/or end times are changed without the prior consent of Balzer & Co. GmbH, Balzer & Co. GmbH may charge reasonable additional costs for the provision of services, unless Balzer & Co. GmbH is at fault.

VII. Bringing food and beverages

1. The organiser may only bring food and beverages to events if Balzer & Co. GmbH has given its prior written consent. Consent may be made dependent on the payment of a contribution to cover overheads.
   
2. Balzer & Co. GmbH is not liable for the quality of the food and beverages brought in.

VIII. Technical equipment and connections

Insofar as Balzer & Co. GmbH procures technical and other equipment for the organiser at the latter's request or rents premises and spaces from third parties or has them made available, Balzer & Co. GmbH shall act in the name and on behalf of the organiser. The organiser is liable for careful handling and proper return. They indemnify Balzer & Co. GmbH against all third-party claims arising from the procurement and provision of such equipment.

IX. Loss and damage

The organiser is responsible for the careful handling of rented items, technical and other equipment from the time of acceptance until their return. In the event of damage or loss through the fault of the organiser, its employees, vicarious agents or guests, the costs of replacement or repair will be invoiced.

X. Liability and other obligations of the organiser

1. The organiser is liable for all damage to the event venue and its facilities caused by the organiser, event participants, visitors to the event, employees of the organiser or other third parties associated with the organiser. The organiser is responsible for proving that there was no culpable behaviour.
   
2. Any decorative materials brought to the venue must comply with fire safety requirements. Balzer & Co. GmbH is entitled to request official proof of this. Due to possible damage, the installation or attachment of decorative and similar materials must be agreed in advance with Balzer & Co. GmbH and requires the written approval of Balzer & Co. GmbH. The use of pyrotechnics and fog machines must generally be agreed with Balzer & Co. GmbH.
   
3. The organiser must ensure that all waste is disposed of in accordance with the relevant legal provisions on separation and other treatment. If the organiser nevertheless leaves behind waste, Balzer & Co. GmbH is entitled to charge the customer for the costs of proper disposal and any special cleaning of the rooms that may be necessary.
   
4. The organiser must obtain the official permits required for the event in good time and at its own expense. The organiser is responsible for complying with public law requirements and other regulations.
   
5. Balzer & Co. GmbH may, for justified reasons, demand the provision of appropriate securities that exceed the advance payment obligation specified in Section III. (6).

XI. Final provisions

1. Amendments and additions to the contract or these terms and conditions must be made in writing to be effective.
   
2. The place of performance and payment is Frankfurt am Main.
   
3. The exclusive place of jurisdiction, including for disputes relating to cheques and bills of exchange, is the court of the place of performance specified in Section XI. (2). Its jurisdiction is hereby agreed in any case, also in relation to those organisers who meet the requirements of Section 38 (1) of the German Code of Civil Procedure (ZPO) and/or who do not have a general place of jurisdiction in Germany (although in the latter case, Balzer & Co. GmbH is also entitled, at its discretion, to bring an action at the organiser's general place of jurisdiction abroad).
   
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions is excluded.
   
5. Should individual provisions of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. In this case, the parties shall agree on a new provision that comes as close as possible to the meaning of the invalid provision.

As of: 12 August 2024