General Terms and Conditions
E. Brunckhorst GmbH · Jacobsenweg 11 · 22525 Hamburg, Germany
- Validity Our offers, deliveries and services are based exclusively on these general terms and conditions. These are part of all event contracts that we conclude with our customers. Deviating terms and conditions of our customers shall not apply unless we have agreed to them in writing in individual cases.
- Scope of services The number of guests specified by the customer and the service agreed for this number shall become contractually binding 10 days prior to the event and shall determine the scope of services. A change in the number of guests specified after this date will only change the services content if we agree to this in writing or if we actually provide additional services requested by the customer.
- Due date and default The agreed remuneration is due for payment 10 days after the invoice date of the invoice which we issue for our services. If the customer is a business, we can demand interest on outstanding amounts, of 8%-age points above the base interest rate, starting from the due date.
- Prices, payment, collection All prices are exclusive of the applicable VAT/sales tax. We shall be entitled to adjust prices if our performance is to be rendered more than four months after conclusion of the contract, and wages or costs have increased by more than 5% for us in the meantime. The customer shall be entitled to terminate the contract based on the price adjustment if this makes fulfilment of the contract unreasonable for him.
- Timeliness We make every effort to meet agreed deadlines. If we do not succeed in this in individual cases, the customer shall grant us a tolerance period of up to 60 minutes.
- Cancellation In the event of a cancellation by the customer, § 649 BGB (German Civil Code) shall apply to our entire service, according to which we shall be entitled to demand the agreed remuneration, taking into account any saved expenses.
The customer must therefore pay us 15% of the agreed fee for a cancellation up to 30 days before the start of the event, 30% in the period from 30 days to 20 days, 50% in the period from 20 days to 10 days, 70% in the period from 10 days to 3 days, 90% on the 3rd and 2nd day before the event. If the cancellation is made on the day before or on the day of the event, payment shall be made in the agreed amount. It is up to the customer to prove that we have saved higher expenses. In the event of cancellation of the event, any contract for the use of premises shall be subject to the agreements contained herein.
- Transport costs The customer shall bear the transport costs for delivery and return transport, as well as loading and unloading times for the event. If no special/separate agreement has been made regarding this, we are entitled to charge the costs of transport at the hourly rates of the contract agreed with the customer, plus applicable VAT/sales tax.
- Transfer of risk In the case of deliveries of goods or rental items to an event location outside our event rooms, if the customer is a business the risk of accidental loss or deterioration shall pass to the customer as soon as we have handed over the delivery item to the forwarding agent commissioned with the transport or, in the case of transport with our own vehicles, to the employees commissioned with this. In the case of contracts with consumers, the transfer of risk takes place when the goods are handed over to the customer.
- Defects Goods and rented items are to be inspected by the customer upon delivery. Defects and shortfalls must be reported immediately to us or our employees, if necessary also by telephone, so that we can remedy them. If this does not occur, our delivery shall be deemed to have been approved by the customer in accordance with the contract. For consumers, this only applies to obvious defects.
- Breakage and loss If damage or loss of items which we have made available to the customer, in particular furniture, crockery or glassware, occur during the customer’s event, the customer shall be obliged to pay compensation. Any breakage and attrition shall be replaced according to the replacement value. The customer is entitled to prove that no damage or substantially less damage has been incurred. The customer shall be liable for the fault of his guests, employees or personnel as for his own fault.
If the customer has rented items from us, he shall be obliged to pay the rent for the item handed over to him until we receive it back; and for damaged, destroyed or lost items until they have been restored or replaced, or compensation has been paid.
- Liability for damages We shall be obliged to pay damages to the customer due to breach of a contractual obligation only if we or one of our employees are guilty of intent or gross negligence in causing such breach, unless compensation is being claimed for damages due to injury to life, body or health. Liability exclusions or limitations do not affect liability under the Product Liability Act.
- Right of substitution We are entitled to substitute an equivalent speciality for any speciality listed in our product range or price list, provided the specialities originally to be supplied are not currently available and the substitution is reasonable.
- Rental price, rental unit for event objects The rentals of movable objects listed in our offers are valid for a period of 3 days without Sundays and public holidays (rental unit). Pick-up and return days are considered to be full days. If the customer claims the rental object beyond one rental unit, we shall be entitled to charge the full amount of rent again for each new rental unit commenced.
- Customer’s obligations Unless otherwise agreed, our customer is obliged to insure the rental object at his own expense against all risks; – to inform us immediately if the rental object is damaged and in need of repair, in which case he shall refrain from making any repairs; – to obtain all necessary official permits for the use of the rental object at his own expense.
- Right of inspection We reserve the right to inspect all rented items provided by us at any time, to take measures necessary for their maintenance and, if there is a risk of damage or loss, to take them back.
- Use of rented items If items are made available to the customer on a rental basis, he may only use them for the agreed purpose and at the contractually agreed location.
- Place of performance and jurisdiction The place of performance for delivery, transfer, payment and jurisdiction is Hamburg. If the customer is not part of the group of persons or institutions named in § 310 Para. 1 Sentence 2, the general statutory provisions shall apply.
Managing Director: Dirk Harms, Thies Bunkenburg – Hamburg Local Court HRB 48431 – VAT ID No. DE 118599587