Terms and Conditions

General Terms and Conditions (GTC) of PD Gastronomie GmbH, Mörfelden-Walldorf

1. Subject of the Contract

The subject of these GTC is the scope of services agreed between us, PD Gastronomie GmbH, and you, the customer/tenant (hereinafter referred to as “customer”), including associated restaurant, rental, and catering services provided by us.

We operate a restaurant and catering service. After individual arrangements, this may also include the sale of goods or rental of items.

If the booking is made on behalf of an end customer by a third party (e.g., an event agency), that third party becomes the direct contractual partner with us under this contract and these GTC.

2. Scope of Services

Only we are authorized to issue instructions to the assigned staff.

3. Offer and Conclusion of Contract

The order transmitted by the customer constitutes a binding offer. We may store the contract text of your order.

In the case of rental or catering services, we may accept this offer within two weeks by sending an order confirmation or by delivering the ordered goods or providing the service. A purchase contract is therefore concluded only upon dispatch of our order confirmation or delivery/performance of the service.

4. Transfer of Risk and Retention of Title

Delivered goods remain our property until full payment of all claims. They are deemed delivered to the customer once they enter the restaurant or event premises.

5. Documents Provided

We retain ownership and copyright of any documents provided – including digital ones – such as calculations, drawings, etc. These documents must not be made accessible to third parties unless we give express written consent.

If we do not accept the customer’s offer within the period specified in section 1, these documents must be returned immediately.

6. Prices and Payment

In general: Our prices include VAT (and packaging costs).

Shipping:

• Shipping costs of 4.95 euros per order are added. If you exercise a right of withdrawal, you must bear the regular cost of return shipping.
• Payment must be made exclusively to the specified account. Discount deductions are only allowed with prior written agreement.
• Unless otherwise agreed, the purchase price is due within 10 days of delivery.
• Late payment interest will be charged at 5% above the current base rate p.a. (see Appendix 1). We reserve the right to assert higher default damages. If we claim higher damages, the customer may prove that such damage did not occur or occurred at a significantly lower amount.

7. Offsetting and Retention Rights

The customer has the right to offset only if their claims are legally established or undisputed. The customer is also entitled to offset against our claims if they assert notices of defects or counterclaims from the same purchase contract. The right of retention may only be exercised if the counterclaim is based on the same contractual relationship.

8. Delivery Time

Unless a fixed delivery date has been explicitly agreed, delivery dates or deadlines are non-binding estimates only.

The start of the delivery time indicated by us requires the timely and proper fulfillment of the customer’s obligations. We reserve the defense of non-performance of the contract.

If the customer delays acceptance or culpably breaches other obligations, we are entitled to claim damages incurred, including any additional expenses. Further claims remain reserved. The customer is free to prove that we did not incur any or significantly less damage. The risk of accidental loss or deterioration passes to the customer once they are in default of acceptance or debtor’s delay.

Further statutory claims and rights of the customer due to delay in delivery remain unaffected.

9. Warranty and Defect Notification

The warranty follows legal provisions. If used goods are sold and the buyer is not a consumer, the warranty is excluded. If the buyer is a consumer, the warranty period for used goods is one year.

Unless otherwise explicitly stated, any information in our brochures, ads, and other materials are not binding. Illustrations or drawings are only approximately valid.

If the delivered item does not have the agreed quality or is unsuitable for contractual or ordinary use or lacks properties expected based on our public statements, we are obligated to provide remedy, unless we are legally entitled to refuse it.

The customer may choose between repair or replacement. We may reject the chosen method if it involves disproportionate costs and the alternative is not disadvantageous to the customer. During remedy, the customer cannot reduce the price or withdraw from the contract. Two failed repair attempts constitute failure unless the circumstances dictate otherwise. Upon failure or refusal of remedy, the customer may reduce the price or withdraw from the contract.

Damage claims due to defects are allowed only after remedy fails or is refused. Further claims are unaffected.

We are liable without limitation for damages to life, body, or health due to negligent or intentional breach of duty by us or our agents. We are also liable under the Product Liability Act and for damages due to intentional or grossly negligent breaches or fraud. If we have issued quality/durability guarantees, we are liable within their scope.

We are also liable for simple negligence when breaching duties essential to achieving the contract purpose (cardinal duties), but only for foreseeable and typical damage.

For minor negligent breaches of non-essential duties, we are not liable. These liability limits also apply to our representatives and agents.

Further liability is excluded regardless of the nature of the claim. This exclusion also applies to personal liability of employees and agents.

10. Data Protection

We collect, store, and process data in accordance with legal provisions. When visiting our website, the current IP address, date and time, browser type, and viewed pages are logged. This does not identify personal data.

Data provided via order or email (e.g., name, contact info) is only used for correspondence and the purpose it was submitted for.

For delivery, we share data with the shipping company. For payments, we share payment data with the processing bank.

We do not share personal data with third parties unless legally required or consented. If third-party services are used, data protection laws are followed.

Retention: Data is stored as long as needed for its purpose. Legal retention periods (e.g., tax/commercial) may require up to 10 years of storage.

If you disagree with storage or data is incorrect, we will delete, correct, or block data upon request. You may request information on stored data at any time. Contact us using the details in the imprint.

We are not responsible for the accuracy, completeness, or data protection of third-party websites linked from our site. Review third-party privacy policies separately.

11. Total Liability

Any exclusions or limitations of liability also apply to personal liability of our staff, representatives, and agents.

12. Loss or Damage of Rental Items

The customer is liable for all damages caused by themselves, their agents, guests, or third parties in connection with the event. The application of Sec. 831 para. 1 sentence 2 BGB (German Civil Code) is excluded (no exculpation due to choice of agents).

The customer indemnifies us from all third-party claims related to the event or restaurant use, if caused by them or their guests, including fines imposed on us.

13. GEMA, Artists, Duty of Care, and Other Permits (for offsite catering)

The customer is solely responsible for registering GEMA-licensed works and paying fees.

The customer must also handle all social security and tax duties for artists they or we engage.

The customer must ensure safety and legal compliance for venues they provide.

The customer must obtain any necessary official permits at their own cost.

We may take photos of events for internal promotional use. No third-party sharing. If the customer disagrees, a separate agreement will be made.

14. Cancellations / Withdrawal (Rental & Catering)

If the customer withdraws for reasons not attributable to us, the following flat-rate fees apply:

2–4 days before: 25% of the estimated total

1 day before / on event day: 50% of the estimated total

Deposits paid will be offset against these cancellation fees.

We may withdraw for good cause, especially if booking details were misleading or if event use endangers our reputation or safety. In this case, cancellation fees apply unless the customer proves otherwise.

15. Miscellaneous

This contract and the entire legal relationship are governed by German law excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If any provision is invalid or incomplete, the rest remains unaffected.

Unless otherwise required by law, Mainz is agreed as the place of jurisdiction.