General terms and conditions of business

§ 1 Scope

1. The following General Terms and Conditions (“GTC”) apply to all contracts between Hubers Eventservice UG (limited liability) and the customer.

2. The general terms and conditions of Hubers Eventservice UG (limited liability) apply exclusively.

3. Any deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that Eventservice UG (limited liability) has expressly agreed to their validity in writing (e.g. email, fax, letter).

4. Individual agreements concluded with the customer in individual cases (including ancillary agreements, additions, and amendments) always take precedence over these General Terms and Conditions. Subject to proof to the contrary, the content of such agreements shall be determined by a contract or confirmation from Hubers Eventservice (UG) in written or text form (e.g., email, fax, letter).

§ 2 Conclusion of contract

1. All offers of Hubers Eventservice UG (limited liability) are subject to change and non-binding, unless expressly stated otherwise in the respective offer.

2. A customer's order is considered a binding contractual offer. Unless otherwise stated in the order, Eventservice UG (limited liability) is entitled to accept the order within 14 calendar days of receipt.

3. Acceptance can be declared either in writing by means of an order confirmation (e.g., email, fax, letter) or by providing the service to the customer. The order confirmation from Eventservice UG (limited liability) is considered a binding acceptance, unless Eventservice UG (limited liability) states otherwise in the order confirmation. The time at which the order confirmation is received by the customer is decisive for compliance with the deadline.

4. By signing the order confirmation, the customer declares his or her unconditional agreement with the order confirmation. The subject matter of the contract is the services listed in the order confirmation.

5. After order confirmation by Eventservice UG (limited liability), any changes or additions to the order requested by the customer are only possible after a separate written agreement (e.g. email, fax, letter) between the parties.

§ 3 Prices and Payment

1. The order confirmation from Eventservice UG (limited liability) contains a pre-calculated total price. This price applies to the scope of services listed in the respective order confirmation. If the actual scope of services increases after the contract has been concluded, the additional services compared to the order confirmation will be invoiced according to the price list valid at the time of contract conclusion.

2. The final invoice is based on the actual scope of services provided. It is subject to applicable statutory sales tax. The final invoiced amount is due immediately upon invoicing. The amount is payable within 10 days of receipt of the invoice. If the customer fails to pay within this payment period, they will be in default with the outstanding amount.

3. The customer must pay Eventservice UG (limited liability) a deposit of 80% of the total price pre-calculated in the order confirmation one month before the start of the event. If the period between contract conclusion and the start of the event is less than one month, the deposit must be paid immediately after contract conclusion.

4. The customer may only offset counterclaims if these are undisputed or have been legally established.

§ 4 Price adjustment

1. If, after conclusion of the contract (receipt of the order confirmation), the purchase prices for the food or beverages required for the event, the prices for equipment to be rented, the wages for required personnel or external service providers increase compared to the prices on which the order confirmation is based, and if the period between conclusion of the contract and the start of the event is more than three months, Eventservice UG (limited liability) is entitled to invoice the customer for the additional costs resulting from the price increases plus the applicable statutory value-added tax.

2. Eventservice UG (limited liability) shall also be entitled to adjust prices in accordance with the standards of Section 4.1 if less than three months elapse between the conclusion of the contract and the start of the event, but the contractual service can only be provided after the expiry of the three-month period for reasons for which the customer is solely responsible.

§ 5 Execution of services

1. Eventservice UG (limited liability) may replace the goods it offers with equivalent goods without changing the price, provided these are subject to seasonal fluctuations in availability and quality (e.g., fruit and vegetables). Customers only need to be notified of the replacement if the change is significant compared to the original order, which is particularly the case if replacement with equivalent goods is not possible.

2. The customer is not permitted to bring their own food or food from third parties to an event. The customer may only bring beverages in sealed containers to an event if this has been agreed upon in advance with Eventservice UG (limited liability).

3. If the scope of services provided by Eventservice UG (limited liability) includes a buffet or similar event, the employees of Eventservice UG (limited liability) or their vicarious agents on site alone will decide how long the buffet will remain set up and when it must be dismantled due to the threat of microbiological changes in the food offered. This will generally be after 3 to 3.5 hours; possibly sooner in unfavorable climatic conditions.

4. If part of the food offered by Eventservice UG (limited liability) is not consumed, the customer has no right to take the leftover food with them.

§ 6 Warranty and Liability

1. Hubers Eventservice UG (limited liability) reserves the right to remove all provided but unconsumed food after the event and dispose of it properly. The customer is not entitled to any retention rights with regard to the food. If Eventservice UG (limited liability) provides food to the customer at the customer's request after the event, Eventservice UG (limited liability) assumes no liability for the quality and condition of this food after the event. Consumption of this food by the customer or third parties is therefore at their own risk. Eventservice UG (limited liability) will inform the customer of this when providing the food; if the customer accepts the food after receiving appropriate notification from Eventservice UG (limited liability), Eventservice UG (limited liability)'s liability for all damages resulting from the consumption of this food is excluded by individual agreement – except in cases of intent on the part of Eventservice UG (limited liability). Any liability under the Product Liability Act remains unaffected.

2. The provisions of Section 6.1 apply to events lasting several days, with the proviso that the event is deemed to have ended daily after the end of the event within the meaning of Section 6.1.

3. Any unconsumed food that Eventservice UG (limited liability) has kept as a reserve at the event location to cover any potential additional demand for the agreed number of people will not be returned to the customer after the event, even upon request. These unconsumed reserve foods remain the property of Eventservice UG (limited liability). The customer has no right to demand the return or retention of these unconsumed reserve foods.

4. In the event of non-contractual performance, the customer is entitled to statutory rights.

5. In the event of injury to the life, limb, or health of the customer or their guests, we are liable for any negligence. This also applies to other damages if we or our vicarious agents breach a material contractual obligation. In all other cases, we are only liable for intent and gross negligence.

6. Mandatory product liability law remains unaffected by the above limitation of liability.

7. Eventservice UG (limited liability) shall not be liable for impossibility of performance or delays in performance caused by force majeure. Force majeure shall be understood to mean any unforeseeable, unavoidable event beyond the control of Eventservice UG (limited liability) that makes the fulfillment of its contractual obligations completely or partially impossible, in particular natural disasters, terrorist acts, explosions, war, riots, fire, floods, epidemics, quarantines, embargoes, etc.

§ 7 Return of non-consumable items

Non-consumable items provided by Hubers Eventservice UG (limited liability) to the customer (e.g., dishes, cutlery, glasses, parasols, tables, etc.) must be returned to Hubers Eventservice UG (limited liability) immediately after the event in proper condition. The rights and obligations regarding these items are governed by the provisions of the German Civil Code (BGB) regarding tenancy law (§§ 535 et seq. BGB). The customer is not entitled to a right of retention over these items.

§ 8 Cancellation conditions

The customer may terminate the contract at any time without giving reasons until the catering services have been fully provided. If the customer terminates the contract without good cause, Hubers Eventservice UG (limited liability) is entitled to demand the agreed remuneration; however, Hubers Eventservice UG (limited liability) must deduct any expenses saved as a result of the termination of the contract or any income acquired through alternative use of its labor or maliciously neglected to acquire. Deviating from Section 648, Paragraph 3 of the German Civil Code (BGB), it is presumed that Hubers Eventservice UG (limited liability) is entitled to the following percentages of the agreed remuneration attributable to the portion of the catering service not yet provided:

• If the customer terminates the contract less than 2 months before the event: 40%

• If the customer terminates the contract less than 14 days before the event: 70%

• If the customer terminates the contract less than 7 days before the event: 85%

• If the customer cancels the contract less than 3 days before the event: 95%

The customer remains free to demonstrate higher savings or other acquisitions or maliciously omitted acquisitions; Hubers Eventservice UG (limited liability) remains free to demonstrate lower savings or other acquisitions maliciously omitted. The burden of proof for the claimed amount of savings or other acquisitions or maliciously omitted acquisitions rests – as provided by law – with the customer.

in any case the customer.

§ 9 Applicable law, place of jurisdiction and other

1. The legal relationship between Eventservice UG (limited liability) and the customer is subject exclusively to the law of the Federal Republic of Germany.

2. The exclusive place of jurisdiction is Pforzheim if the customer

a) is a merchant, a person under public law or a special fund under public law;

b) has no general place of jurisdiction in the Federal Republic of Germany or has moved his domicile or habitual residence outside the area of application of the Code of Civil Procedure of the Federal Republic of Germany after conclusion of the contract or

c) his domicile or habitual residence is not known at the time the action is brought.

3. Should any provision of these Terms and Conditions be or become invalid, ineffective, or unenforceable in whole or in part, or should the contract contain a gap, this shall not affect the validity and enforceability of the remaining provisions. Instead of the invalid, ineffective, or unenforceable provision, or to fill the gap, the parties shall agree on a legally permissible provision that corresponds as closely as possible to what the parties intended or would have agreed to according to the spirit and purpose of this contract if they had recognized the invalidity or the gap. If the invalidity of a provision is based on a specified standard of performance or time (deadline or date), the provision shall be deemed to have been agreed upon with a legally permissible standard that comes closest to the original standard.