1. SCOPE
Cancellation less than one week before the start of the event: 85% of the expected revenue and/or agreed flat rate.
These General Terms and Conditions (“GTC”) exclusively govern all transactions between the customer and Chinaski Hospitality GmbH (hereinafter referred to as “CSB”). Conflicting and/or supplementary terms and conditions of the customer will not apply unless explicitly agreed upon in writing by CSB.
All offers are non-binding until written acceptance of the order.
The GTC, as amended, apply as a framework agreement to future transactions between CSB and the customer, without the need for further reference. Within a contract, changes to these GTC will be offered to the customer in text form at least two months before the proposed date of their entry into force. If the customer has agreed to electronic communication with CSB as part of the business relationship, changes may also be offered via this communication channel. The customer’s consent will be deemed granted unless they object before the proposed date of entry into force of the changes. CSB will specifically inform the customer about this approval effect in the offer.
2. PAYMENT TERMS, DEPOSIT, DEFAULT
Unless otherwise agreed in writing, an advance payment of 80% of the total order amount is due immediately after the contract is concluded. The remaining 20% is due immediately after the event.
For customers located outside of Germany, 100% prepayment is always required. This can be made via bank transfer or credit card payment.
Invoices are payable immediately upon receipt without deduction. In the event of late payment, we are entitled to charge interest at 10 percentage points above the base interest rate in accordance with § 247 BGB. We also reserve the right to claim further damages and assert other statutory rights, including a flat fee of 40 euros for late payment.
Before issuing an invoice, the customer must provide the correct billing address. A processing fee of 15 euros plus VAT will be charged for reissuing an invoice to a corrected recipient (name and/or address).
If payment is made by credit card, an additional processing fee of 3% of the invoice amount will apply.
CSB reserves the right to terminate the contract at any time if the agreed advance payments are not received on time.
3. WITHDRAWAL, CANCELLATION, NUMBER OF PARTICIPANTS
The customer has the right to withdraw from the contract at any time. Cancellations must always be made in writing.
In the event of cancellation, CSB is entitled to reasonable compensation as follows:
- Cancellation after contract conclusion up to 2 weeks before the event: 50% of the expected revenue and/or agreed flat rate.
- Cancellation less than 2 weeks before the event: 75% of the expected revenue and/or agreed flat rate.
The expected revenue is based on the pre-calculated net amount of the latest valid offer.
The customer is obliged to specify the expected number of participants at the time of contract conclusion. The final number of participants, the definitive selection of food and beverages, and other important details for the event must be communicated in writing no later than 10 business days before the event and will be reflected in the final invoice.
If the number of participants decreases by more than 10% compared to the number agreed upon at contract conclusion, CSB reserves the right to appropriately increase the agreed price per person. An increase in the number of participants is possible with CSB’s consent, and the actual number of participants will be charged accordingly.
4. PRICES
All prices are exclusive of the applicable VAT. If no prices are agreed upon for specific services, the latest prices from the current price list will apply. CSB reserves the right to increase prices if the wages and costs underlying the agreed fee increase and more than four months have passed between contract conclusion and the event. If flat rates are agreed upon, they apply exclusively for the event duration.
5. DEFECTS
The customer or their authorized representative must report defects immediately during or within 24 hours after the event. Failure to do so will be deemed acceptance of the event as is.
6. LIABILITY FOR DAMAGES
CSB is only liable for damages caused by its legal representatives or senior executives if intent or gross negligence can be proven.
Exclusions or limitations of liability do not apply to liability under the Product Liability Act.
7. RIGHT TO SUBSTITUTE
CSB’s extensive assortment is subject to seasonal changes. If individual items are temporarily unavailable, CSB reserves the right to substitute them with equivalent or superior items.
8. HOUSE RULES
CSB reserves the right of admission. If a guest of the customer behaves inappropriately – particularly due to excessive intoxication, racist, derogatory, or insulting remarks towards staff or other guests, or threats or acts of physical violence – CSB reserves the right to eject the guest from the premises.
9. SEVERABILITY CLAUSE
If any provision of these General Terms and Conditions is or becomes invalid, the validity of the remaining provisions and the contracts concluded under their terms shall remain unaffected. The invalid provision shall be replaced by a valid one that most closely reflects its intent and purpose.
10. PLACE OF PERFORMANCE & JURISDICTION
The place of performance and jurisdiction is Frankfurt am Main.
Frankfurt am Main, January 1, 2025