General terms and conditions

As of: April 2020

General terms and conditions of Le Carrousel KG (AG & Co) represented by the managing partner Patrick Stenner

1. Introduction

These general terms and conditions apply exclusively to contracts between Le Carrousel KG (AG & Co) (hereinafter referred to as Le Carrousel) and our customers for the supply of food and drinks, as well as the rental of crockery/furniture/equipment. Unilateral changes by the customer are invalid. By signing or confirming the offer in writing, the general terms and conditions are accepted and become effective.

German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded. Oral side agreements must be confirmed in writing by Le Carrousel in order to be valid. If individual provisions of these terms and conditions are not valid for whatever reason, the remaining provisions remain valid.

2. Validity

All prices are subject to change and exclusive of VAT. Unless otherwise agreed, the prices and terms and conditions of our most recent price list apply. If more than three months have passed between the date of the offer and the delivery date, we reserve the right to adjust prices appropriately to reflect the current wage and cost situation.

Our offers are valid for 14 days (10 working days) from the date of the offer. The validity periods may vary for third-party equipment or manufacturing materials. After the validity period has expired, deadlines can be extended following consultation and availability. An offer does not reserve our or third-party equipment.

Seasonal changes may occur in the food on offer. Vintages may change for wines.

3. Short-term inquiries

For short-term requests, we reserve the right to charge a surcharge at our discretion. This applies to requests up to 48 hours (two working days) before the event.

For short-term staff requests up to 48 hours (two working days) before the event, we will endeavor to involve additional staff for your event, but may not be able to avoid additional costs. For staff requests received 24 hours or more before the event, we charge a surcharge of 25% per employee. In addition, we charge a processing fee of EUR 145.00 net. The flat rate includes up to three additional employees (regardless of position); each additional request is charged at EUR 25.00 per person.

4. Prices, Prepayment and Payments

We reserve the right to charge a staggered advance payment for amounts of EUR 3,000.00 net or more: 25% advance payment when the offer is signed, 50% four weeks before the event date.

Consumption invoice (for example drinks, additional personnel or logistics costs) following the event.

Other advance payment models are only valid in writing and after consultation.

Services from third-party providers (location, equipment, etc.) may differ from our advance payment and cancellation conditions.

Our invoices are payable within seven days of receipt without deduction. In the event of late payment, we reserve the right to charge interest on arrears. If the agreed advance payment is not paid, we reserve the right not to provide the agreed full-service agency service. The customer is not released from the obligation to pay if the service is not provided.

The customer informs us of the final number of people seven working days before the service is provided. If the number of people differs significantly from the last offer (more than 10%), Le Carrousel reserves the right to make minor changes to food and drinks. The number from the first offer is the basis for calculation. If the number of participants differs by more than 20% from the first offer, we are entitled to re-determine the price if necessary. If there are additional participants, the actual number of participants will be charged.

5. Cancellation

30 days before the agreed delivery date 35%

14 days before the agreed delivery date 50%

7 days before the agreed delivery date 80% of the order.

In the event of cancellations on the day of delivery, we reserve the right to charge up to 100% of the order value. If the service is related to the rental of event space or third-party equipment and third-party services, the cancellation conditions of the respective third-party provider apply.

In the event of cancellation of already booked staff, we charge the minimum deployment time (6 hours) per person from 8 days before the event.

In the event of cancellation of orders, the client will be charged for the costs incurred up to the time of

cancellation (project management). However, the customer will be charged at least the flat-rate cancellation costs according to the table below, stated as a percentage

of the offer amount.

 6. Resignation

If an agreed advance payment or security has not been made, Le Carrousel is entitled to withdraw from the contract. Le Carrousel is also entitled to withdraw from the contract for good cause if there are justified reasons. These may include:

Force majeure (fire, strike, pandemic, flood, etc.).

If Le Carrousel has reasonable grounds to believe that the event may endanger the smooth running of the business, the safety or the public reputation of Le Carrousel (e.g. reputational damage), in particular events that are outside of Le Carrousel's sphere of influence, if the event is illegal.

If Le Carrousel is not the owner of an event space or the equipment brought in, Le Carrousel is not liable for non-fulfillment of the contract if this is expressly based on the circumstances of the person or company of the event space or equipment owner. Le Carrousel reserves the right to withdraw from the contract in this case without liability for damages.

7. Transport

The minimum fee for deliveries of food, drinks and equipment is EUR 65.00 net within the Hamburg city area. The fee includes a driver, the vehicle costs and delivery to the first door. Additional personnel costs will be invoiced separately.

8. Defects and Damages

The goods must be checked upon delivery and any defects reported immediately. If no immediate complaint is made about the goods, the goods are deemed to have been accepted and are valid for full payment. We are only liable to pay the customer damages for breach of a contractual obligation if we can prove that we acted intentionally or with gross negligence. The limitation of liability does not apply to liability for culpable injury to life, limb or health of persons or for breach of essential contractual obligations. In the event of a breach of essential contractual obligations, our liability for damages in cases of simple negligence is limited to the typically foreseeable damage. We cannot accept liability under any circumstances for damage caused by third parties.

The customer is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from their area or themselves, regardless of whether it takes place in their own premises or in a booked location.

We would like to point out that every event inevitably leads to signs of wear and tear on the respective event location. Every event also entails risks to property and possessions in the form of damage and destruction by third parties (e.g. guests). In the customer's premises or event spaces rented by the customer, the customer alone is obliged to take precautionary measures to reduce signs of wear and tear and to avoid damage to property and possessions (e.g. by using tarpaulins etc.). In the case of particularly sensitive equipment, Le Carrousel must be explicitly informed in advance and, if necessary - at Le Carrousel's request - this must be removed or adequately protected separately by the customer.

9. Photo and film material

We may take photos and film material at some events. Of course, we do not take portraits of people without their consent. The customer agrees to the publication of the images on our social media accounts and in our offer templates.

Please let us know if you do not agree to the publication of the images.

10. Retention of title

We reserve ownership of all delivered goods and means of transport.

11. Rental items, prices and units

The rental prices listed for crockery, equipment, furniture, etc. are for a rental unit of 3 days. The delivery day and the collection day count as full days. If the goods are used for more than one rental unit, we are entitled to charge for another rental unit.

The rental items may not be used for purposes other than those intended and may only be used at the agreed event location. If the items are returned damaged, the customer is obliged to pay compensation.

12. Final provisions

The place of performance for delivery, handover and payment is Hamburg. The place of jurisdiction is Hamburg. With the publication of these General Terms and Conditions, all older conditions lose their validity.