A&A Gastronomie GmbH
Westhafenplatz 6–8
60327 Frankfurt am Main
Phone restaurant: +49 69 583035664
Phone office: +49 69 583035670
willkommen@frankfurter-botschaft.de
Managing Director
Daniel Arons
VAT ID No.
DE 220563660
Local Court
Frankfurt am Main
Commercial Register No.
HRB 53804

Use
Legal Notice

Data Protection

General Terms and Conditions of A&A Gastronomie GmbH
I. Scope
1 These terms and conditions apply to all contracts for the organisation of banqueting events and for the rental of rooms of the operating company of the Frankfurter Botschaft, A&A Gastronomie GmbH (hereinafter “Frankfurter Botschaft”), as well as for the organisation of exclusive bookings, larger reservations and events such as banquets, seminars, conferences, exhibitions and presentations etc. (hereinafter “event”) and for all other services and deliveries provided by Frankfurter Botschaft to customers in this context.
2 The subletting or re-letting of the rooms and/or areas provided requires the prior written consent of Frankfurter Botschaft in all cases, whereby Section 540(1) sentence 2 of the German Civil Code (BGB) is excluded insofar as the customer is not a consumer.
3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing in advance.
II. Conclusion of contract, contractual partners, liability, limitation
1 All contracts and/or orders are concluded by express declaration of acceptance / order confirmation in writing by Frankfurter Botschaft in response to a customer’s request. Frankfurter Botschaft is generally free to accept or reject customer requests for event bookings. If Frankfurter Botschaft has submitted a binding offer to the customer, the contract/order is concluded by the customer’s declaration of acceptance / order confirmation in writing in accordance with the respective offer conditions.
2 If the customer engages a commercial intermediary or organiser (e.g. an agency), the latter is jointly and severally liable with the customer for all obligations under the contract. Irrespective thereof, the customer is obliged to pass on all booking-relevant information, in particular these GTC of Frankfurter Botschaft, to the commercial intermediary or organiser.
3 Frankfurter Botschaft is liable exclusively for its contractual obligations. Any further liability of Frankfurter Botschaft is excluded to the extent legally permissible. This does not apply to damages arising from injury to life, limb or health, insofar as Frankfurter Botschaft is responsible for such injury due to a breach of duty, nor to other damages based on an intentional or grossly negligent breach of duty by Frankfurter Botschaft, nor to damages resulting from an intentional or negligent breach of typical contractual obligations by Frankfurter Botschaft. Should disruptions or defects occur in relation to the services of Frankfurter Botschaft, Frankfurter Botschaft will endeavour to remedy them promptly upon becoming aware of them itself or upon immediate notification by the customer. The customer is obliged to contribute what is reasonable in order to remedy the disruption and keep any damage to a minimum. Furthermore, the customer is obliged to notify Frankfurter Botschaft in good time and appropriately of the possibility of an unusually high level of damage occurring.
4 If the customer is not a consumer, all claims against Frankfurter Botschaft generally become time-barred one year after the statutory commencement of the limitation period. This does not apply to claims for damages arising from injury to life, limb, health or freedom. Such claims for damages become time-barred, irrespective of knowledge, after ten years. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by Frankfurter Botschaft.
III. Pandemic situation
1 If pandemic-related regulations, orders, curfews (lockdown) or shutdowns etc. must be observed, Frankfurter Botschaft will support the customer in complying with conditions imposed on them by authorities or by law with regard to an event. The customer is obliged to comply with the current hygiene plan of Frankfurter Botschaft. If an event can be held under the official requirements and the hygiene plan, Frankfurter Botschaft does not accept liability beyond Section II para. 3. In particular, Frankfurter Botschaft does not guarantee that the customer, organiser or guests are healthy or that there is no risk of infection. Claims for damages due to illness following an event are excluded. Guests participate in events expressly at their own risk. This does not apply to damages arising from injury to life, limb or health, where Frankfurter Botschaft is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by Frankfurter Botschaft or damages resulting from an intentional or negligent breach of typical contractual obligations by Frankfurter Botschaft. Any breach of duty by the legal representative or vicarious agent of Frankfurter Botschaft is equivalent to a breach of duty by Frankfurter Botschaft.
2 The customer is entitled to cancel an event free of charge at the earliest upon entry into force of the relevant statutory or official requirements, such as regulations or orders, if the event in question can no longer be held because of these requirements. The same applies if the event in question can only be held in a way that differs to a very significant extent from the agreed scope in terms of number of participants (at least 30% fewer), duration and type and scope of catering. The elimination of an originally planned opportunity to dance at the event does not constitute grounds for free cancellation. Free cancellation is excluded as long as the planned event is not affected by the regulations or does not fall within the period specified in para. 1 and Frankfurter Botschaft is able to comply with existing statutory or official requirements.
IV. Services, prices, payment, set-off
1 Frankfurter Botschaft will provide the services ordered by the customer and promised by Frankfurter Botschaft as agreed.
2 The customer is obliged to pay the agreed or applicable prices of Frankfurter Botschaft for these and other services used. This also applies to services and expenses of Frankfurter Botschaft to third parties caused by the customer, in particular claims of collecting societies. Unless otherwise agreed, all prices are subject to the statutory value added tax applicable at the time and shown separately.
3 If the period between conclusion of the contract and the date of contract fulfilment exceeds nine months, Frankfurter Botschaft is entitled to adjust the contractually agreed price in the same percentage as the change in the consumer price index for Germany (monthly value) as determined by the Federal Statistical Office between the date of conclusion of the contract and the date of contract fulfilment.
4 Invoices from Frankfurter Botschaft without a specific due date are payable without deduction within 10 days of receipt. In the event of default of payment by the customer, the statutory default interest applies. Frankfurter Botschaft reserves the right to prove higher damages in any case.
5 Frankfurter Botschaft is entitled, upon conclusion of the contract, to demand an appropriate advance payment or security from the customer in the form of a deposit. The amount of the advance payment and the payment dates may be agreed in writing in the contract. In justified cases, e.g. if the customer is in default of payment or the scope of the contract is expanded, Frankfurter Botschaft is also entitled, even after conclusion of the contract and up to the start of the event, to demand an advance payment or security or an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.
6 The customer may only set off claims against Frankfurter Botschaft that are undisputed or have been finally established by a court of law.
V. Withdrawal by the customer (cancellation)
1 Free withdrawal is not possible.
For cancellation up to 12 weeks before the event date, the contracting party undertakes to pay a cancellation fee of 50% of the total costs arising from the contract.
For cancellation up to 4 weeks before the event date, a cancellation fee of 75% of the total costs arising from the contract is due.
For any cancellation at shorter notice (i.e. less than 4 weeks before the event date), the contracting party undertakes to pay a cancellation fee of 90% of the total costs arising from the contract.
2 If Frankfurter Botschaft and the customer have agreed a deadline in writing for free withdrawal from the contract, the customer may withdraw from the contract up to that date. The customer’s right of withdrawal lapses if they do not exercise their right of withdrawal in writing towards Frankfurter Botschaft by the agreed date. The point in time at which the declaration of withdrawal is received by Frankfurter Botschaft is decisive.
VI. Withdrawal by Frankfurter Botschaft
1 If it has been contractually agreed that the customer may withdraw from the contract free of charge within a certain period, Frankfurter Botschaft is likewise entitled to withdraw from the contract during this period.
2 If an agreed or requested advance payment or security pursuant to Section IV is not made even after expiry of a reasonable grace period set by Frankfurter Botschaft, Frankfurter Botschaft is entitled to withdraw from the respective agreement.
3 Furthermore, Frankfurter Botschaft is entitled to withdraw from a contract or booking for good cause if it is unreasonable for Frankfurter Botschaft to uphold the contract or booking due to significant reasons. Such good cause exists in particular, but not exclusively, in the following cases:
• Force majeure or other circumstances beyond the control of Frankfurter Botschaft that render fulfilment of the contract impossible.
• Events or rooms are booked by providing misleading or false information about essential facts of the contract, such as the identity of the customer and/or the purpose of the event.
• Frankfurter Botschaft has justified reason to believe that the event may jeopardise the smooth business operations, safety or public reputation of Frankfurter Botschaft, without this being attributable to the control or organisational sphere of Frankfurter Botschaft.
• The purpose or reason for the event/booking is unlawful.
• There is a violation of Section I No. 2.
• Insolvency proceedings have been filed in respect of the customer’s assets.
4 In the event of justified withdrawal by Frankfurter Botschaft, the customer is not entitled to claim damages.
VII. Changes to the number of participants and event times
1 Any change in the number of participants must be notified to Frankfurter Botschaft in writing no later than five working days before the start of the event and is subject to the written consent of Frankfurter Botschaft.
2 If the customer reduces the number of participants without the consent of Frankfurter Botschaft, the originally agreed number of participants will be used as the basis for billing. The customer has the right to reduce the agreed price by proving that Frankfurter Botschaft has saved expenses due to the lower number of participants. However, any agreed minimum turnover must be paid in full in all cases.
3 In case of an increase in the number of participants, the actual number of participants will be charged.
4 Furthermore, Frankfurter Botschaft is entitled to adjust or change confirmed rooms and/or areas appropriately, unless this would be unreasonable for the customer.
5 If the agreed start or end times of the event are changed and Frankfurter Botschaft agrees to such changes, Frankfurter Botschaft is entitled to charge an appropriate additional fee for the additional provision of services, unless Frankfurter Botschaft is responsible for the delay.
VIII. Technical equipment, connections and handling
1 If Frankfurter Botschaft procures technical and other equipment from third parties for the customer at the customer’s request, it does so in the name, on behalf and for the account of the customer. The customer is liable for careful handling and proper return. The customer shall indemnify Frankfurter Botschaft against any claims by third parties arising from the provision of such equipment.
2 The use of the customer’s own electrical equipment using the power grid of Frankfurter Botschaft requires written consent. Any disruptions or damage caused by the use of such equipment, e.g. to the technical systems of Frankfurter Botschaft, must be borne by the customer insofar as Frankfurter Botschaft is not at fault.
3 Disruptions to technical or other equipment provided by Frankfurter Botschaft will be remedied as quickly as possible. The customer is not entitled to a reduction or retention of payment on this basis unless Frankfurter Botschaft is culpably responsible for the disruptions.
4 The customer is responsible for obtaining any official permits that may be necessary for holding the event, at their own expense. The customer is responsible for complying with these permits and all other public-law regulations in connection with the event.
5 The customer may only use the name and trademarks of Frankfurter Botschaft in event advertising and communication with the prior written consent of Frankfurter Botschaft.
IX. Loss or damage of items brought in
1 Exhibits or other items, including personal items, brought onto the premises or areas of Frankfurter Botschaft are at the customer’s risk. Frankfurter Botschaft assumes no liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of Frankfurter Botschaft, nor for financial losses. This does not apply to damages arising from injury to life, limb or health.
2 Any decorations brought in must comply with all fire safety requirements. Frankfurter Botschaft is entitled to demand official proof of this. If such proof is not provided, Frankfurter Botschaft is entitled to remove any material already brought in at the customer’s expense. Due to the risk of damage, the installation and mounting of objects must be agreed with Frankfurter Botschaft in advance and requires its prior written consent.
3 Exhibits or other items brought in must be removed by the customer immediately after the end of the event. If the customer fails to do so, Frankfurter Botschaft is entitled to remove and store the items at the customer’s expense and risk. If the items remain in the event room, Frankfurter Botschaft may charge an appropriate usage fee for the duration of their stay. The customer is free to prove that no claim or a lower claim has arisen.
4 Items left behind will only be forwarded at the customer’s request and then only at the customer’s expense and risk.
X. Customer’s liability for damages
1 If the customer is an entrepreneur, they are liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from their sphere or by the customer themselves.
2 Frankfurter Botschaft is entitled to request the provision of appropriate security (e.g. insurance, deposits, guarantees) from the customer.
XI. General provisions
1 The place of performance is the registered office of Frankfurter Botschaft.
2 The exclusive place of jurisdiction – including for cheque and bill of exchange disputes – is Frankfurt am Main in commercial transactions. If a contracting party fulfils the requirements of Section 38(2) German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, Frankfurt am Main shall likewise be the place of jurisdiction.
3 German law applies. The UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules do not apply.