Seven Tees Golf & Bar

Effective Date: 01.01.2022

I. SCOPE
These general terms and conditions apply exclusively to all business transactions between customers and Cuda GmbH (hereinafter referred to as “Cuda GmbH”). By placing an order, the customer acknowledges the following General Terms and Conditions.

II. OFFERS / ORDERS
All offers are non-binding until the order is accepted. Contracts are only binding if they are confirmed in writing by Cuda GmbH. To execute the catering, Cuda GmbH must receive a written order and a deposit of 80% of the order value by the specified payment deadline.

III. NUMBER OF PARTICIPANTS
The final number of participants and the details important for the event must be communicated in writing to Cuda GmbH 14 days before the event to ensure proper preparation. If the number of participants is reduced, Cuda GmbH reserves the right to adjust or increase the agreed prices accordingly. In the event of an increase in the number of participants, the actual number of participants will be charged.

IV. SERVICES/PRODUCT OFFERINGS
The scope of contractual services results from the service contract or order confirmation. Any side agreements that alter the scope of the contractual services require explicit written confirmation from Cuda GmbH. The extensive range is always subject to seasonal changes. Should certain dishes or decorative items be temporarily unavailable, Cuda GmbH reserves the right to substitute them with at least equivalent items. This offer is then to be considered as a proposal that the customer can modify as desired. In the case of so-called buffet deliveries (food deliveries), Cuda GmbH assumes no liability for improper storage of the delivered items once they have been handed over to the customer. Personnel deployment times are estimated values; the actual working hours provided will be charged. The minimum booking time for service staff is 5 hours. Special circumstances affecting the delivery location, such as construction sites, long distances, stairs over several floors, lack of or non-functional elevators, etc., must be communicated by the client as early as possible during the order, but no later than 4 working days before delivery, so that Cuda GmbH can adjust accordingly in terms of time and organization. In the case of unexpected additional effort, even after the event, such as subsequent sorting and arranging of inventory or equipment, a charge of €32.50/net per employee per hour will be applied.

V. PRICES
Only the prices stated in the order confirmation are valid. The customer is obligated to pay this agreed price. This also applies to services and expenses related to the event and incurred by Cuda GmbH for third parties.

VI. CANCELLATION
If an order that does not fall under the aforementioned exemption rule is canceled by the client without a valid reason, or by one of the contracting parties for reasons attributable to the client, Cuda GmbH is entitled to charge a cancellation fee as follows:
a) If the cancellation declaration is received by Cuda GmbH up to 30 days before the event, 70% of the contract price will be charged;
b) If the cancellation declaration is received by Cuda GmbH up to 7 days before the event, 90% of the contract price will be charged;
c) If the cancellation declaration is received less than 3 days before the event, 100% of the contract price will be charged.
d) If the client’s cancellation is received on the day of the event, or if Cuda GmbH’s performance is found to be infeasible on the day of the event for other reasons attributable to the client, Cuda GmbH is entitled to charge 100% of the contract price. The contract price is determined by the most recent order confirmation or, in the absence of such, by the most recent offer. Only cancellation declarations made at least in text form will be considered within the calculation of the aforementioned periods. Oral cancellations are only valid if confirmed in text form by Cuda GmbH. The aforementioned cancellation costs also apply accordingly to subsequent reductions in the agreed number of participants in proportion to the initially registered number of participants. The client’s right to prove that Cuda GmbH incurred a lower loss due to the cancellation remains unaffected by this regulation.
Dear customers, please understand that we cannot fully assume your event risk. In the event of a corona-related cancellation (including legal prohibitions and so-called “force majeure”), we must charge a 70% cancellation fee for services. Rented services or goods procured for you will be charged at 100%.

VII. TERMINATION BY CUDA GMBH
Cuda GmbH is entitled to terminate the contractual relationship at any time and without giving reasons if:

  • The event jeopardizes the smooth operation of business and/or the safety of employees can no longer be guaranteed.
  • The reputation and security of Cuda GmbH are at risk.
  • Agreed installment payments are not made on time.
  • In case of force majeure.

VIII. PAYMENT
For all orders, a deposit of 80% of the expected order value must be made by the specified payment deadline before the event. The remaining amount is due within 8 days from the invoice date. The amount of the deposit and payment dates may be agreed upon differently in writing in the contract. If the client falls into arrears with payment, Cuda GmbH is entitled to charge default interest of 5% above the respective discount rate of the Deutsche Bundesbank, but not more than 8%.

IX. DEFECTS
Complaints about obvious defects must be made in writing and specified immediately after the service is received, but no later than 24 hours after the end of the event. Otherwise, the service provided by Cuda GmbH is considered accepted by the customer. If Cuda GmbH mediates additional third-party services, Cuda GmbH is only liable for a careful selection of these third parties. Any claims for defects must be directed by the customer directly to the third party.

X. MISSING OR DAMAGED ITEMS
The client is liable for damages caused by the client or guests. In the case of damage, breakage, or loss of provided equipment (devices, dishes & cutlery, glasses, decorations, etc.), the customer will be charged the replacement value.

XI. LIMITATION OF LIABILITY
a) Cuda GmbH is only liable to the extent provided by law for any damages to furnishings, clothing, and health of guests if intent or gross negligence can be proven.
b) The client bears any claims for damages by third parties.
c) Cuda GmbH is only obliged to compensate for damages due to a contractual obligation if intent or gross negligence can be proven.

XII. SECURITY DEPOSITS
Cuda GmbH may request an appropriate deposit or other securities from the customer to secure the agreed remuneration or the cost risks arising from the event. This applies in particular if:

  • Economic information suggests a lack of creditworthiness of the customer.
  • The customer declares a (even temporary) limited payment ability.
  • The customer is in default with (advance) payments.
  • The customer does not have a registered office in the country.

XIII. REFERENCES/REFERENCE PHOTOS
The client grants Cuda GmbH the right to take photos during the event and to use the client’s company name and logo for self-promotion purposes in writing and imagery (e.g., on the company’s website/customer reference/mailing).

XIV. JURISDICTION
Jurisdiction and place of fulfillment are Munich.

XV. GEMA FEES
Any GEMA fees, other possible charges, or taxes to be paid are borne by the client.

XVI. SEVERABILITY CLAUSE
If any provision of this contract is invalid or unenforceable or becomes invalid or unenforceable after the conclusion of the contract, the validity of the rest of the contract shall not be affected.