Terms & Conditions of GlobalGuest

1. Preamble

1.1 GlobalGuest Germany GmbH & Co. KG as a rule acts as agent between the host and the customer or guest.

1.2 All services are provided exclusively in accordance with these provisions.
They apply for all future services even if this fact is not expressly agreed in each case. The client's own business and purchasing conditions are not part of the contractual agreement with GlobalGuest Germany GmbH & Co. KG.

1.3 The term "Host" refers to the owner of a restaurant, event or leisure business for which GlobalGuest Germany GmbH & Co. KG acts as an agent. The term "Guest" refers to the person taking advantage of the Host's services. The "Customer" is the client whose relationship with the Host is mediated by GlobalGuest Germany GmbH & Co. KG.

2. Agreement

2.1 GlobalGuest Germany GmbH & Co. KG acts solely as a mediator between the Guest / Customer and Host. The only contract that arises from this relationship is that between the parties cited.

2.2 The conclusion of an agreement consists of the Guest / Customer submitting a written or oral request with respect to a program, the reservations or another service to GlobalGuest Germany GmbH & Co. KG.
The Guest / Customer then receives a binding written confirmation from GlobalGuest Germany GmbH & Co. KG, together with our General Terms & Conditions. The sending of this written reservation confirmation is equivalent to the effective conclusion of the contract between the Guest / Customer and the Host.

2.3 GlobalGuest Germany GmbH & Co. KG affirms that it will handle the personal data of the Guest / Customer confidentially and will not disclose such information to third parties who are not contractual partners, in particular to address vendors. The provisions of the Data Protection Act shall be observed.

2.4 When concluding a contract, the Guest is obliged to notify GlobalGuest Germany GmbH & Co. KG of any food allergies or intolerances.

2.5 No fee is charged to the guest for making reservations. He bears only the cost of the services entailed in the meal or event he has booked. When GourmeTTickets are ordered, shipping fees are charged in accordance with our specifications.

3. Table reservations
(individual, up to 10 persons, without pre-ordered meals)

3.1 A reservation for up to 10 persons without pre-ordered meals can be made either by phone or email.

3.2 For an individual table reservation for up to 10 persons without pre-ordered meals, the reservation is guaranteed up to 15 minutes after the agreed arrival time if the Guest has not notified the establishment that he will be delayed. If the Guest will be delayed by more than 15 minutes, he is obligated to notify the establishment by phone. If he fails to do so, the Guest / Customer forfeits the reservation completely. Even when the Guest does notify the establishment that he will be delayed, after 15 minutes he loses his entitlement to a particular table and may be seated at a different table according to availability.

3.3 In order to manage table turnover optimally, 2.5 hours are usually scheduled for a reserved table without pre-ordered meals.
This meal duration can be extended on request. Please indicate this when you book in the "Comments" section. Our Service Center will then send you a confirmation
of this change.

3.4 A table reservation can be canceled up to 24 hours before the appointed time.

3.5 If you would like to cancel a table reservation the same day, please contact the Host restaurant directly. In this case, the Host's own in-house rules apply. If the Host suffers damage as a result of the cancellation, he is entitled to assess a cancellation fee of € 15.00 per person.

3.6 For no shows, the Host can likewise charge a fee of € 15.00 per person.

4. Group reservations

4.1 Group reservations must be made in writing, with a declaration of assumption of the costs and a down payment in the amount of up to 50% of the value of the contracted services.

4.2 A cancellation of the agreement concluded is possible free of charge up to 7 days before the date of the event. This cancellation must be made in writing. For cancellations after this date, a cancellation fee of 25% of the anticipated sales may be assessed. If the cancellation takes place on the same day or if the group does not show up for the reservation, a cancellation fee of 100% of the anticipated sales will be charged. If no meals have been pre-ordered, the cancellation fee will be based on the least expensive main dish offered by the host.

5. Group reservations with pre-ordered meals
(more than 10 persons)

5.1 Meals must be pre-ordered in writing.

5.2 Pre-ordered meals can be cancelled up to 7 days before the scheduled event free of charge. This cancellation must be made in writing.
For cancellations after the cancellation deadline, GlobalGuest Germany GmbH & Co. KG is entitled to charge 50% of the anticipated sales. If the cancellation is made on the same day or the group fails to show up, a cancellation fee of 100% of the anticipated sales will be charged.

5.3 Pre-ordered meals can be changed in writing up to 72 hours before the appointed time.

6. Room rental

6.1 Room rental requests must be submitted to the Host in writing.
The prices as shown on the Host's current pricelist are assumed to be agreed.

6.2 Upon receipt of the Reservation Confirmation from GlobalGuest Germany GmbH & Co. KG a down payment in the amount of 50% of the reservation value comes due. The remainder is to be paid in accordance with the concrete agreement as stated in the confirmation.

6.3 Room rentals can be cancelled free of charge up to 14 days before the scheduled date. For cancellations after this deadline, a cancellation fee of 50% (on days without trade fairs or major events) or 90% (on trade fair days or major event days) of the anticipated sales. If a room rental is cancelled on the same day or the room is not used, 100% of the agreed price will be charged.

7. Private functions

7.1 Reservations for private functions must be made in writing as early as possible. Upon receipt of the Reservation Confirmation from GlobalGuest Germany GmbH & Co. KG a down payment in the amount of 50% of the reservation value comes due. The remainder is to be paid in accordance with the concrete agreement as stated in the confirmation.

7.2 Reservations for private functions can be cancelled free of charge up to 60 days before the scheduled date. If the cancellation is made up to 72 hours before the scheduled date, a cancellation fee of 80% of the order value will be charged. A cancellation after this deadline is no longer possible. In this case, the entire price for the reservation comes due.

8. GourmeTTicket

8.1 The GourmeTTicket can be ordered by the Guest / Customer for special events at a selected venue. This order must be made in writing. The GourmeTTicket will be sent to the guest following receipt of payment of the agreed fee.

8.2 The GourmeTTicket is valid only on the date indicated. It cannot be changed for use at another event or on a different date. GourmeTTickets are non-refundable and non-exchangeable.

9. Warranty

9.1 GlobalGuest Germany GmbH & Co. KG assumes no liability for the Host's performance of the arranged services. Should the Host fail to perform the booked services as agreed, or should the services be deemed faulty, the Guest / Customer can assert claims only against the Host directly. GlobalGuest Germany GmbH & Co. KG accepts responsibility only for damages caused by its own actions.

9.2 Liability for damages and consequential damages resulting from deficiencies in the services of GlobalGuest Germany GmbH & Co. KG is assumed in accordance with Article 10 (Disclaimer).

9.3 In the case of justified complaints, the client is obligated to first set an appropriate deadline for the orderly fulfillment of services.

9.4 The client must give notice in writing immediately of any deficiencies in the services of GlobalGuest Germany GmbH & Co. KG.

9.5 Only if GlobalGuest Germany GmbH & Co. KG fails to perform its services in an orderly manner after due notification will damages be awarded.

10. Disclaimer

10.1 In the case of violation of contractual or extra-contractual obligations,
in particular with respect to

  • impossibility
  • delay
  • default on the conclusion of a contract
  • unlawful acts

GlobalGuest Germany GmbH & Co. KG is liable only in cases of willful intent or gross negligence. No liability is assumed if the Guest fails to fulfill his duty to notify GlobalGuest of any food allergies or intolerances as per Article 2.4.

10.2 Liability in accordance with Article 1 is limited to the typical damages for this type of agreement that could be foreseen at the conclusion of the agreement, at the most however to 6 times the value of the reservation or order.

10.3 The disclaimer as per Article 1 does not apply in cases of culpable violation of one of the essential cardinal duties in the contract or of the lack of assured qualities.

10.4 Insofar as GlobalGuest Germany GmbH & Co. KG is merely acting as agent for the services of third parties, e.g. of the Host, GlobalGuest Germany GmbH & Co. KG is not liable for the faults of this third party.

10.5 Acts of God that make the performance of services difficult or temporarily impossible preclude liability on the part of GlobalGuest Germany GmbH & Co. KG. Labor battles and similar circumstances are to be deemed equivalent to acts of God insofar as they are unpredictable, serious and not GlobalGuest's fault. The parties to the agreement are obligated to notify each other without delay of the advent of such circumstances.

10.6 If the Host should be unable to perform the agreed services due to circumstances beyond his control, the Guest / Customer is obligated to accept an alternative service of equal value as fulfillment of the contract. The Guest / Customer shall be informed of the special circumstances by the third party without delay.

11. Court of jurisdiction

11.1 Place of jurisdiction for the agreement is the headquarters of GlobalGuest Germany GmbH & Co. KG in Cologne.

11.2 If the client is a businessperson, the headquarters of GlobalGuest Germany GmbH & Co. KG is deemed to be the place of jurisdiction. However, GlobalGuest Germany GmbH & Co. KG is also entitled to sue the client in the court of jurisdiction at his place of residence.

12. Miscellaneous

Should one of the agreed provisions be null and void, this shall not affect the validity of the remaining provisions.

 

File date 09/2008