Die Hoflieferanten Eventagentur GmbH

§ 1 Validity of the General Terms and Conditions

The Bar Ludwig II is operated by Hoflieferanten Eventagentur GmbH (organiser). These General Terms and Conditions (=GTC) apply to all events and bookings. They are valid at the time of publication. Hoflieferanten Eventagentur GmbH reserves the right to amend them. The GTC published on the website shall apply. No further reference needs to be made to any changes.

§ 2 Service description

Hoflieferanten Eventagentur GmbH is the operator of the entire catering services in the Bar Ludwig II and the Wiesnclub in the Alte Kongresshalle and, in addition to catering, also organises events and festivities of all kinds, for example weddings, birthdays, christenings and corporate events.

§ 3 Conclusion of contract

1. Offers made by the organiser are non-binding. A binding contract is concluded upon written confirmation of the order and a down payment.
2. If the purchaser is acting on behalf of a third party, the purchaser must notify this in writing, stating the name/company name, address and an authorized contact person of the third party.
3. Insofar as a tenancy is established in whole or in part by the conclusion of the contract, subletting is excluded without the written consent of the organizer.
4. Employees of the organizer are not authorized to make verbal contractual agreements, amendments to these terms and conditions or other verbal agreements. Supplementary or deviating agreements must be confirmed in writing by the organizer.
5. If the period between the conclusion of the contract and the event exceeds 4 months, the organizer reserves the right to make price changes due to increases in purchase prices or VAT. Any price change is limited to the actual increase in the factors mentioned.
6. The customer and event participants may not bring food and drinks to events. Agreements to the contrary must be made with the organizer.

§ 4 Prices and payment

1. The organizer is entitled to demand an appropriate advance payment at any time. In the case of an advance payment agreement, the receipt of this full amount by the organizer is a prerequisite for the validity of the contract. If no advance payment and associated payment dates have been agreed separately in writing in the contract, the following agreement shall apply
   1. The agreed payment plus any additional costs incurred is due 14 days after receipt of the final invoice following the event.
   2. In the event of a separately agreed advance payment agreement, the remainder of the agreed payment plus any additional costs incurred shall be due 14 days after receipt of the final invoice following the event.
   3. The number of participants stated in the order is binding and will be used as the basis for calculating the price, unless the stated number of participants is exceeded. If the number of participants increases, the customer must inform us of this at least 7 working days before the date of the event in order to enable the necessary preparations to be made. The price must be adjusted due to the increased number of participants.
   4. From an event size of 50 persons, an adequate security service to ensure safety and order can be requested in the Bar Ludwig for a fee, which is provided by the organizer.
   5. A reservation fee is charged per person.

§ 5 Cancellation of an event / booking / contract

1. Cancellations must be made in writing (letter, fax or e-mail).
2. In the event of cancellation of the contract, the organizer has the right to demand reasonable compensation, depending on when the contract was cancelled. The amount of compensation is calculated as follows, unless the customer can prove that no or less damage has been incurred:
   1. In the event of cancellation 6 months or more before the agreed date of the event, an amount equal to 50 percent of the agreed remuneration shall be payable.
   2. In the event of cancellation 6 months to 2 months before the agreed date of the event, an amount of 80 percent of the agreed remuneration shall be due.
   3. In the event of cancellation 2 months to 14 days before the agreed start of the event, an amount of 90 percent of the agreed remuneration shall be due.
   4. In the event of cancellation 14 days or more before the agreed start of the event, an amount equal to 100 percent of the agreed remuneration shall be due.
3. Special agreements must be made in writing. The right of the organizer to demand further compensation in accordance with the statutory provisions remains unaffected by this.
4. The reserved seats both in the Wiesn tent and in the Wiesnclub must be taken in full at the confirmed start of the reservation. In the event of lateness, there is no entitlement to the seats despite the minimum consumption purchase. The unoccupied seats in the Wiesnzelt must be released after 15 minutes at the latest, in the Wiesnclub after 45 minutes at the latest. The entitlement to seats expires if the table is completely vacated, even if the reservation time has not yet expired.
5. The booked Oktoberfest tables and Oktoberfest club packages are excluded from the usual cancellation conditions. In this case, 100% of the cancellation costs are due from 4 months before the respective booked date.

§ 6 Decoration material, music, communication technology

1. The installation of decoration material, other objects, music and communication technology may only take place in consultation with the organizer. The customer shall guarantee that the decoration and work materials brought in comply with the fire police requirements. In case of doubt, adequate proof of compliance with fire regulations may be requested.
2. The exhibition and other items brought along must be removed immediately after the end of the event. If the customer does not comply with this obligation, the organizer may remove and store the items at the customer’s expense. For objects remaining in the event room, the restaurant may charge room rent for the duration of their retention or carry out any necessary disposal at the customer’s expense. The above provisions shall also apply to items rented from external companies and brought into the rooms.
3. Music is permitted indoors. The volume of music must comply with the specifications of the City of Munich. Additional set-up and dismantling of lighting and sound equipment must be agreed at least two days before the start of the event. All technical equipment, lighting, sound and stage elements must be dismantled and removed immediately after the end of the event. The organizer accepts no liability for damage or theft. The firing of fireworks and any kind of open fire is strictly prohibited.
4. It is not permitted to set off any fireworks, to use confetti cannons or similar material within the event areas or to carry out unannounced activities that have not been explicitly agreed in writing with the operator. A flat-rate disposal fee of at least € 500.00 will be charged for the use of confetti cannons and similar objects. We reserve the right to take any civil action arising from this.

§ 7 Liability

1. The customer shall be liable for loss or damage caused by its employees, other auxiliary staff, vicarious agents and event participants, as well as for loss or damage caused by the customer itself. It is the responsibility of the customer to take out appropriate insurance for this purpose. The organizer may demand proof of such insurance.
2. The organizer is not liable for the customer’s wardrobe and other items.
3. The organizer shall only be liable for grossly negligent or intentional breaches of duty, in particular in the event of loss of clothing and valuables, except in the case of culpable injury to life, limb or health of the customer, unless special agreements have been made.
4. The limitation of liability also applies to the liability of the organizer for its employees, vicarious agents and legal representatives.
5. The organizer’s liability is excluded in the case of simple culpable performance disruptions, simple negligent pre-contractual or secondary contractual breaches of duty, unless essential obligations are violated, the observance of which is necessary for the purpose of the contract, or which arise from justified claims of special trust. In this case, the liability of the organizer is limited to compensation for foreseeable damages.
6. Items brought in by the customer shall be stored exclusively at the customer’s risk in the allocated rooms.

§ 8 Guaranteed turnover / minimum consumption

1. The organizer reserves the right to charge a sales guarantee (food and/or drinks) per guest and reservation. The amount of this sales guarantee as well as the organizational processing (e.g. vouchers or invoicing) will be communicated to the guest in writing or verbally at the time of reservation.
2. The minimum consumption tickets purchased are only valid for the respective date of the reservation. A refund of minimum consumption sums or unredeemed minimum consumption tickets is excluded. §Section 5 remains unaffected.

§ 9 Withdrawal by the organizer

1. Until the start of the event, the organizer is entitled to withdraw from the contract for good cause. An important reason is e.g.:
   – the organizer cannot be reasonably expected to carry out the event
   – force majeure
   If one of these cases occurs, the organizer shall inform the customer immediately. In the event of withdrawal from the contract for good cause, the customer shall immediately return the advance payment made to us.
2. Further claims against the organizer, in particular claims for damages (e.g. accommodation or travel expenses), are excluded.

§ 10 Security and domiciliary rights

1. The instructions of the security personnel must be followed at all times. The organizer has domiciliary rights on the entire event site. Disruptions to the event must be avoided and consideration must be shown for others present.
2. The organizer reserves the right to expel persons who disrupt the course of the event from the event grounds. In this case, there is no entitlement to a refund of any advance payments made.
3. It is prohibited to take weapons or weapon-like objects into the event area. Visitors with weapons or weapon-like objects will be denied entry. Persons who have been banned from the premises will remain so for the duration of the event. Persons under the influence of drugs may be refused entry or further attendance at the event despite having a valid admission ticket. In the interests of animal welfare, any animals brought along will not be admitted to the events.

§ 11 Place of performance – choice of law – place of jurisdiction

To the extent permitted by law, the place of performance and payment is the place of business of the organizer (Munich). The law of the Federal Republic of Germany shall apply. If you do not have a general place of jurisdiction in Germany or in another EU member state, or if you are a merchant or if you have moved your permanent place of residence abroad after these GTC have come into effect or if your place of residence or habitual abode is unknown at the time the action is filed, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the organizer.

§ 12 Ancillary agreements

1. Employees of the organizer are not authorized to make verbal contractual agreements, verbal amendments to these terms and conditions and other verbal agreements.
2. Supplementary or deviating agreements must be confirmed in writing by the organizer or its authorized representative.

§ 13 Data protection and data processing

The organizer processes personal data in compliance with data protection regulations.
The data is collected, processed and used in an automated process to the extent necessary for the establishment, structuring or amendment of the contractual relationship. The organizer is entitled to transmit this data to third parties commissioned with the execution of the order, insofar as this is necessary for the fulfilment of the order.

§ 14 Severability clause

Should provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. Instead, each invalid provision shall be replaced by a provision that corresponds or at least comes close to the purpose of the agreement, as the parties would have agreed to achieve the same economic result if they had been aware of the invalidity of the provision. The same applies to loopholes.
Due to rising food prices and possible VAT adjustments in 2024, we would like to point out that your offer may be subject to price adjustments.

Die Hoflieferanten Eventagentur GmbH, January 2024