General terms and conditions
§ 1 Scope
1. These terms and conditions apply to contracts for the rental of the coast restaurant, including all related services and deliveries by the coast by east Mallorca, as well as for gastronomic services.
2. The organizer's terms and conditions only apply if this has been expressly agreed in writing.
§ 2 Conclusion of contract, partners, liability, statute of limitations
1. The offers of coast by east Mallorca are always non-binding.
2. The contract is only concluded with the consent and the sending of the written order confirmation by coast by east Mallorca. All agreements that are made must be recorded in writing.
3. An agreement on deliveries and services is only binding for the coast by east Mallorca if it has been confirmed in writing by both parties.
4. The contractual partners are coast by east Mallorca and the customer. If the customer/orderer is not the organizer himself or if the organizer hires a commercial intermediary and organizer, these are jointly and severally liable with the organizer for all obligations arising from the contract if there is a declaration by the intermediary.
5. The coast by east Mallorca is liable with the diligence of a prudent businessman for its obligations under the contract. Customer claims for damages are excluded. Excluded from this are damages resulting from injury to life, limb or health if coast by east Mallorca is responsible for the breach of duty, other damages that are based on an intentional or negligent breach of typical contractual obligations by east. A breach of duty by coast by east Mallorca is equivalent to that of a legal representative or vicarious agent. If disruptions or defects in the services of coast by east Mallorca occur, coast by east Mallorca will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to point out in good time the possibility of exceptionally high damage occurring and to limit the possible damage to a minimum.
6. All claims against the coast by east Mallorca generally expire one year after the start of the statutory limitation period. Claims for damages become statute-barred after five years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by coast by east Mallorca.
7. With the conclusion of the contract, you agree that your data can be used to send general coast by east Mallorca information. We will not make your personal data available to third parties. You can revoke the receipt of the information at any time with effect for the future at email@example.com.
§ 3 Invoices, down payments, services, prices, payment
1. The organizer is obliged to pay the prices agreed for these services. This also applies to services and expenses incurred by third parties in connection with the event.
2. All prices include the currently applicable statutory sales tax of 19%. The reduced tax rate of 7% applies to the delivery of food until December 31, 2022. Increases in sales tax are at the expense of the contractual partner. If the period between the conclusion of the contract and the event exceeds 4 months and the price generally charged by coast by east Mallorca for such services increases, the contractually agreed price can be adjusted appropriately and in line with the market.
3. Invoices from coast by east Mallorca without a due date are to be paid within 10 days of receipt of the invoice without deduction. The coast by east Mallorca is entitled to make accrued claims due at any time and to demand immediate payment. In the event of default of payment, coast by east Mallorca is entitled to demand the applicable statutory default interest of currently 8.12% or, in the case of legal transactions in which a consumer is involved, of 4.12% above the base interest rate. coast by east Mallorca reserves the right to prove damage.
4. Default of payment with even just one invoice entitles the coast by east Mallorca to stop all further and future services for the organizer. The prerequisite is that coast by east Mallorca issues a reminder about the default in payment, setting a deadline and pointing out the consequences.
5. If the partial payment due before the event is not made, coast by east Mallorca is entitled to refuse performance and to be compensated for the damage incurred. Further claims remain reserved.
6. Deposits: For a total amount (gross) of EUR 2,500.00, a credit card number with an expiry date as a guarantee must be given 7 days before the start of the event. coast by east Mallorca is entitled to check the validity of the credit card and reserve amounts due. For events from EUR 2,500.00, 80% of the agreed or expected turnover must be transferred to our specified account no later than 25 days before the day of the event.
7. For companies based abroad, the coast by east Mallorca is entitled to demand an advance payment of the total amount. Furthermore, a valid credit card number must be provided next to the deposit invoice. coast by east Mallorca reserves the right to debit outstanding services from the credit card on the day of the event.
8. Invoices are to be paid immediately in cash or by credit card. coast by east Mallorca is entitled to reject foreign exchange, checks and credit cards. Vouchers from tour operators are only accepted if there is a credit agreement with the company in question or if appropriate advance payments have been made. Reimbursement of unused services is excluded.
9. Acknowledgment - In the case of individual consumption billing, the organizer is required to confirm the individual billing documents with his signature. Without a signature, coast by east Mallorca will use the unsigned invoice receipts as the basis for invoices without the right to object.
§ 4 GEMA
1. All events subject to GEMA must be reported to GEMA in advance by the organizer. The organizer bears the GEMA fees. The coast by east Mallorca is exempt from all GEMA claims by the organizer.
§ 5 Provision of motifs for film or photo shoots
1. Film or photo recordings for non-private purposes, commercial recordings or recordings for public performance or broadcast require the written approval of coast by east Mallorca and are subject to a fee. The exact conditions are regulated in a separate motif transfer agreement.
§ 6 Cancellations, number of participants, withdrawal
1. Cancellations must be made in writing.
2. Reservations made by the commissioning contractual partner are binding for both contractual partners. In the event of a cancellation by the commissioning contractual partner, the contractual partner may have to pay the following compensation:
• No compensation if cancellation is made in writing up to 90 days before the start
• 50% compensation for the services ordered up to 45 days before the start
• 70% compensation for the services ordered up to 30 days before the start
• 50% compensation for the services ordered up to 150 days before the start
• 70% compensation for the services ordered up to 120 days before the start
• 90% compensation for the services ordered up to 90 days before the start
• 100% compensation from 90 days before the start
3. For events where food and/or drinks are served, the organizer must give binding notification of the number of participants and the choice of food no later than 14 working days before the event.
4. In the event that the specified number of participants is increased by more than 20%, coast by east Mallorca must reserve the right to change the agreed order of meals or the agreed prices. A lower number of participants can be taken into account as follows:
From 10 days to 5 days before the start of the event, 20% of the booked participants can be canceled free of charge.
From 4 days to 2 days before the start of the event, 10% of the booked participants can be canceled free of charge. Cancellations made the day before the event cannot be considered.
5. Furthermore, coast by east Mallorca is entitled to withdraw from the contract for objectively justifiable circumstances, for example if:
• force majeure or other circumstances beyond our control make it impossible to fulfill the contract.
• Events are booked with misleading or incorrect information about essential facts, for example the organizer or the purpose.
• Reason to assume that the event can endanger the smooth running of business, the security or the reputation of coast by east Mallorca in public, without this being attributable to the organizational area of coast by east Mallorca.
6. The coast by east Mallorca must immediately inform the organizer of the exercise of the right of withdrawal.
7. The organizer has no claim for damages against coast by east Mallorca, except in the case of willful or grossly negligent behavior on the part of coast by east Mallorca.
8. Cancellation costs are only charged if the event rooms and other services cannot be resold.
§7 Extension of use, additional services
1. Reserved rooms are only available to the organizer within the period agreed in writing. Any further use requires the approval of coast by east Mallorca.
2. For events that go beyond midnight, each booked service person can charge for each hour started.
3. If the agreed point in time for the beginning or end of an event is postponed, coast by east Mallorca is entitled to charge the contractual partner for all additional costs incurred as a result.
4. For construction and dismantling work that is supported, supervised or carried out by coast by east Mallorca technicians, a gross rate of EUR 30.00 per hour and employee will be charged.
5. The costs incurred in addition to the agreed contractual services, such as telephone, bar, additionally ordered food and drinks are to be paid by each event participant themselves. If this does not happen, the organizer is jointly and severally liable.
6. The organizer is generally not allowed to bring food and drinks to events himself.
7. Packaging materials, exhibits or other items brought along must be removed immediately after the end of the event. If the organizer fails to do this, coast by east Mallorca may remove and store the items at the expense of the organiser. If the items remain in the event room, coast by east Mallorca can charge room rent for the duration of the stay. The organizer reserves the right to prove that the damage was lower.
§ 9 Liability
1. The coast by east Mallorca is liable for its obligations under the contract. This liability is limited to performance deficiencies that are attributable to intent or gross negligence on the part of coast by east Mallorca, except in the performance-typical area. In addition, the organizer is obliged to point out the possibility of damage occurring in good time.
2. Insofar as coast by east Mallorca procures technical and other equipment from third parties for the organizer at the latter's instigation, it acts in the name, with authority and for the account of the organiser. The organizer is liable for careful handling and proper return. He releases the coast by east Mallorca from all third-party claims arising from this transfer.
3. The use of the organizer's own electrical systems using the coast by east Mallorca power grid requires written consent. Disturbances or damage to the technical systems caused by the use of these devices are at the expense of the organizer, insofar as coast by east Mallorca is not responsible for them. The electricity costs arising from the use may be recorded and calculated as a lump sum by the coast by east Mallorca.
4. Malfunctions in the technical or other facilities provided by coast by east Mallorca will be rectified immediately if possible. Payments cannot be withheld or reduced unless coast by east Mallorca is responsible for these disruptions.
5. Exhibition or other items, including personal items, are in the event rooms at the organizer's own risk. The coast by east Mallorca assumes no liability for loss or damage, except in the case of gross negligence or intent.
6. Decoration material brought along must meet the requirements of the fire police. coast by east Mallorca is entitled to demand official proof. Due to possible damage, the installation and attachment of objects must be agreed in advance.
7. The organizer is liable for all culpable damage to buildings or inventory caused by event participants or visitors, other third parties in his area or himself.
8. The organizer is liable for the behavior of his employees, event participants and other auxiliary staff as for his own behavior.
9. The coast by east Mallorca can require the contractual partner to provide appropriate security (e.g. insurance, deposits, guarantees).
§ 10 Final Provisions
1. Changes or additions to the General Terms and Conditions, the contract or the acceptance of applications for events must be made in writing. Unilateral changes or additions by the organiser/orderer are ineffective. The organiser/orderer will be informed in writing of all changes. There is a right of objection of 4 weeks.
2. The place of performance and payment is Hamburg, which in commercial transactions is the registered office of east Hotel & Restaurant GmbH. If a contractual partner fulfills the requirements of § 38 Paragraph 1 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction with the registered office of east Hotel & Restaurant GmbH is deemed to be agreed.
4. German law applies. The application of the UN sales law and the conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions be ineffective or void, this shall not affect the validity of the remaining provisions. The same applies to gaps in the contract. In addition, the statutory provisions apply.