Catering contract for Restaurant Ox & Klee
Our entire team is personally committed to ensuring that every single guest has a great time with us.
As our restaurant only has a limited number of seats and the dishes we offer are always freshly and elaborately prepared, we cannot offer any great flexibility in the allocation and reservation of available seats. In particular, we are regularly forced to turn away other guests in the case of larger reservations. Against this background, the damage that we suffer as a result of non-compliance with or inappropriately short notice cancellation of reservations is considerable. Please note, therefore, that a confirmed table reservation legally establishes a contractual obligation that triggers certain obligations for both you and us. We therefore ask for your understanding that we only accept reservations and catering in our restaurant on the basis of the following general terms and conditions:
§ 1 Scope of validity
1. these terms and conditions apply to all catering contracts and to all advance bookings with catering services that take place on the premises of the Ox & Klee restaurant.
2. they also apply to all other deliveries and services provided to the customer/guest, including outside the hotel.
3. terms and conditions of the customer/guest as well as terms and conditions of the customer/guest that conflict with or deviate from our terms and conditions shall only apply if this has been expressly agreed in writing in advance.
4. these terms and conditions shall also apply to all future transactions with the customer/guest, insofar as these are legal transactions of a related nature.
§ 2 Reservation/ acceptance of contract
1. the reservation request does not constitute the conclusion of a contract; rather, it is to be regarded as an offer to conclude a hospitality contract in accordance with § 145 BGB. We reserve the right to accept this request within one week of receiving it. If the customer does not receive an order confirmation within one week, the order has not been accepted by us and therefore no contract has been concluded. The hospitality contract is only concluded when the customer/guest’s application (reservation request) is accepted by our hotel. There is no obligation on our part to accept the application. Reservations are binding with regard to the reserved time and the number of reserved seats (i.e. the announced guests).
2. the contractual partners are basically the customer/guest and our hotel. If a third party has ordered on behalf of the customer/guest, this party shall be liable to our company together with the customer/guest as joint and several debtors for all obligations arising from the hospitality contract.
3. the customer/guest undertakes to inform us, together with the reservation request, of any allergies and food intolerances of him or the persons for whom this reservation request applies. The customer/guest warrants that the data provided to us is correct and complete. He undertakes to inform us immediately of any changes to the data and to reconfirm the current accuracy of the data immediately upon request. This applies in particular to the name and postal address of the customer, e-mail address and telephone and fax number of the contact person.
Unfortunately, for organizational reasons, it is not possible for us to make individual menu changes due to any allergies and food intolerances of the customer/guest, so that in this case the conclusion of a catering contract must be rejected in principle. Guests will be informed of this regulation several times during the online booking process before the reservation request is accepted by us. If allergies and food intolerances on the part of the customer/guest only become known during the catering in our restaurant, no financial compensation will be paid by our company for any food not consumed.
4. additional services such as floral decorations, special prints of menu cards etc. and agency services such as artists, musicians etc. will be charged separately.
5. upon acceptance of the reservation request (No. 1) by us, a hospitality contract is concluded between the contracting parties. The acceptance of this reservation request can be made dependent on our part that a Advance payment of EUR 230.00 for a requested 12-course menu (EUR 260.00 from 01.03.2024) or EUR 185.00 for a requested 8-course menu (EUR 220.00 from 01.03.2024) per customer/guest is paid in advance by the customer/guest. The customer/guest undertakes to keep the reserved appointment, to arrive punctually and to select and order the reserved 8-course menu or 12-course menu and drinks from the drinks menu; we undertake with the catering contract to keep the reserved table free for the agreed appointment and to serve the guest/guests with our gastronomic services plus (ordered) other services in accordance with the standards of our establishment.
6. if the customer/guest is more than 30 minutes late, he/she loses the right to the reserved seat.
7. in the event of a late cancellation (§ 4 No. 1) or if the customer/guest does not show up at all or more than 30 minutes later than the reserved appointment, he/she shall be liable for damages; in this case, a lump-sum compensation (no-show fee, § 4 No. 2 + 3), less any expenses saved on our part, shall be payable. The contractual partner is at liberty to provide evidence of greater savings in expenditure. A no-show fee will not be charged if we are still able to assign the table/place you have canceled to other guests at short notice.
8. if a reservation request is made 14 days or less before the desired reservation date, a contract can only be accepted if the customer/guest expressly declares that we should begin with the fulfillment of the hospitality contract before the expiry of the revocation period (§ 7 No. 1) and he expressly confirms before the start of the execution that he is aware that he loses his right of revocation upon complete fulfillment of the contract by us.
9. exclusive booking
The exclusive booking of our restaurant (e.g. for private events) is only possible on the basis of an individual offer, which we will be happy to submit to you on request, subject to availability. Please contact us directly by email.
§ 3 Vouchers
The following conditions apply to the redemption of vouchers issued by us:
1. a voucher can only be used to pay for the food and drinks offered and consumed in our restaurant. Cash payment of the voucher amount is not possible.
2. a voucher can only be used once for payment (up to the total amount shown therein). It is not possible to split the voucher amount (e.g. over several visits).
3. any remaining amounts (in the event that the price of the food and drinks consumed does not reach the total amount shown in the voucher) cannot be paid out in cash.
§ 4 Cancellation/ No Show Fee
1. A cancellation a hospitality contract concluded in accordance with § 2 can be terminated by 168 hours (= 7 days) for reservations of more than 4 persons and to 120 hours (= 5 days) for reservations of up to 4 persons before the reserved date (receipt by us) in whole or in part (i.e. with regard to individual seats/guests) free of charge in writing, by telephone or by email.
2. in the event of a cancellation after the date specified in no. 1, or if the customer/guest does not appear at all or appears more than 30 minutes later than the reserved date, a fee shall be charged. lump sum compensation (no show fee) in the amount of EUR 230.00 with a reserved 12-course menu (EUR 260.00 from 01.03.2024) or in the amount of EUR 185.00 with a reserved 8-course menu (EUR 220.00 from 01.03.2024) per person who did not appear (i.e. also with regard to individual seats/guests). In this case, we are entitled to charge the respective credit card with the aforementioned lump-sum compensation, unless an advance payment in this amount has already been made (§ 2 No. 4).
3. in deviation from no. 1, for special occasions (Valentine’s Day, New Year’s Eve, special events etc.) – irrespective of the number of persons – a cancellation period of at least 14 days before the reserved date applies (receipt by us). In these cases, in deviation from No. 2, a no-show fee in the amount of EUR 220.00 per person, provided that the cancellation in whole or with regard to individual seats/guests is less than 14 days before the reserved date (receipt by us), or the customer/guest is more than 30 minutes late.
4. the provisions in nos. 2 and 3 shall also apply if the customers/guests appear but do not take up the reserved seats but leave our restaurant again. This applies in particular in the event that more people show up than announced in the reservation and it is not possible for us to provide additional seats. We ask for your understanding, as we are bound to a certain room layout and a maximum number of guests due to our room concept and existing public law obligations.
5. if the hospitality contract includes ancillary or agency services (see § 2 No. 4), the contractual partner must reimburse us in full for the cancellation fees charged.