GTC

General Terms and Conditions of Delivery and Services of ExpoAffair Catering + Services GmbH

Status 11.06.2024

I. General Terms and Conditions of Contract

1. The contractual partners of ExpoAffair Catering + Services GmbH (EACS) are referred to as the customer and EACS.
   All contracts are subject to the terms and conditions of EACS.
   Any deviating terms and conditions of the client are invalid.
2. All contracts with customers are subject to the following terms and conditions.
   Conflicting, deviating or additional terms and conditions of the client have no legal validity, even if they are contained in a subsequent order or contract and EACS does not expressly object to them.
   With the conclusion of the contract and / or the receipt of the delivery / service, the customer accepts these terms and conditions.
3. Offers made in writing by EACS can only be accepted within 5 weeks of the date of the offer.

II Delivery and performance deadlines, late delivery

1. Delivery dates are binding unless force majeure makes performance impossible.
   In such cases, EACS may withdraw from the contract.
2. EACS shall not be in default of performance as long as force majeure or circumstances for which EACS is not responsible make performance impossible.
   In such cases, EACS is entitled to withdraw from the contract in whole or in part.
3. EACS is also entitled to withdraw from the contract if the service owed by EACS is not available for reasons for which EACS is not responsible.
   In this case, EACS is obliged to inform the client immediately of the unavailability of the service and to reimburse any consideration already received from the client without delay.
4. Claims for damages by the customer are excluded in the event of withdrawal in accordance with section 2.3.
   in accordance with point 1.4 of these terms and conditions.

III. Invoicing, default of payment

1. Invoices are due immediately without deduction.
   Default interest will be charged in the event of late payment.
2. Payments must be made at the client’s expense by bank transfer to EACS’s bank account.
3. The timeliness of the payment depends on the receipt of payment on the account of EACS.
4. A processing fee of €10.00 plus VAT will be charged for invoice changes due to changes of address or similar reasons for which EACS is not responsible.
5. If the customer is in default of payment, interest in the amount of 9 percentage points above the current prime rate of the European Central Bank shall be due.
   The assertion of further damages remains unaffected.
6. Offsetting against the customer’s claims is only possible in the case of undisputed or legally established claims.

IV Compensation for damages

1. The following applies to all claims for damages by the customer, for whatever reason:

   Claims by the client for compensation for loss of profit, damages due to loss of production and damages that are not caused to the delivered goods themselves, but only indirectly by them (consequential damages), are excluded.
   Otherwise, EACS is only liable for damages up to the amount of the invoice value of its service.
   Exclusion and limitation of liability also apply to its employees, staff, legal representatives and vicarious agents.

2. Exclusions or limitations of liability in these General Terms and Conditions do not apply

   – for damages resulting from injury to life, body or health caused intentionally or negligently by EACS.

   – for other damages caused intentionally or through gross negligence by EACS, its legal representatives or vicarious agents.

   – if and to the extent that the legal obligation is essential for achieving the purpose of the contract (cardinal obligation) and the damage was foreseeable.

   – if EACS has fraudulently concealed a defect or has assumed a guarantee for the quality of the item.

   – if and insofar as EACS is liable under the Product Liability Act or for other reasons.

V. Secrecy

1. The customer undertakes to maintain confidentiality.
   He shall keep secret all external secrets and all external confidential information that he has learned in connection with the order.
   The duty of confidentiality shall apply to everyone and shall survive the execution of the order.
2. The client shall irrevocably indemnify EACS against all third-party claims resulting from a breach of the duty of confidentiality for which the client is solely responsible.
   This shall also apply insofar as EACS and the client are liable to third parties as joint and several debtors.

VI Written form

Amendments or additions to the contract and the revocation of individual provisions of these General Terms and Conditions must be made in writing to be effective.
Individual verbal agreements shall always take precedence.

VII Place of jurisdiction, legal status

1. The exclusive place of jurisdiction for the parties for all disputes arising from the contractual relationship and its conclusion and effectiveness is Frankfurt am Main.
2. The contractual relationship is subject to the law of the Federal Republic of Germany.

VIII Severability clause

1. If individual provisions of the contract are invalid, this shall not affect the validity of the remainder of the contract.
2. The validity of the remaining contractual provisions shall remain unaffected.
   The above provision shall also apply in the event of an unforeseen loophole.
3. The contracting parties are obliged to replace the ineffective or incomplete contractual provisions with an effective agreement that comes as close as possible to the economic result of the ineffective or incomplete provisions.

Special additional provisions for event catering

1. The customer must submit their order to EACS no later than 7 working days before the event for a number of people of up to 100, 10 working days before the event for a number of people of up to 500 and 14 working days before the event for a number of people of more than 500.
   Shorter orders are possible on request.
   With regard to the order details, the option period stated in the offer applies.
2. EACS requires the binding number of participants no later than 4 working days before the event for a number of up to 100 persons, 7 working days before the event for a number of up to 500 persons and 9 working days before the event for a number of more than 500 persons.
   The last number of participants reported and confirmed by the EACS forms the basis for invoicing.
3. The client undertakes to inform EACS as early as possible of any changes to the schedule and/or the number of participants.

1. scope of services

1. The services provided by EACS include, in particular, the goods and services required for the performance of the contract.
2. The exact subject matter of the service is set out in the contract concluded between the parties.
3. The scope of delivery includes (except in the case of stand catering) delivery to the exhibition center, the production of tableware and equipment in accordance with the ordered goods.
   The collection of the goods after use and their cleaning, the disposal of the catering area.
   In the case of agreed menu or buffet delivery, EACS will provide table linen on request and for a fee.

2. personnel costs

1. The personnel costs are calculated separately and calculated according to the number of hours, taking into account the minimum working hours specified in the order.

2. Reimbursement of expenses

   If the contract is not executed for reasons for which EACS is not responsible, EACS shall be entitled to reimbursement of expenses.
   The amount of compensation is determined by the time at which the non-execution of the contract was established before the agreed start of the event:

   – 80 days before the start of the event: no fee
   – between 79 and 50 days before the start of the event: all costs incurred up to that point for provision and organization
   – between 49 and 39 days before the event: all costs incurred up to that point for provision and organization plus 25% of the total amount.
   – between 38 and 15 days before the start of the event: all processing and organization costs incurred up to this point, plus 50% of the total amount.
   – between 14 and 5 days before the start of the event: all costs for processing and organization incurred up to this point in time as well as 75% of the total amount.
   – less than 4 days before the start of the event: all costs for processing and organization incurred up to this point in time as well as 100% of the total amount.

3. If the specified number of persons is reduced on the initiative of the client after the contract has been concluded, EACS shall be entitled to reimbursement of expenses.
   The amount of the reimbursement of expenses to be paid depends on the time at which the reduced number of persons is determined prior to the agreed date of the event:

   – 28 days before the start of the event or earlier: no fee
   – between 27 and 7 days before the start of the event: all costs incurred up to this point for processing and organization as well as 25% of the total amount.
   – between 6 and 2 days before the start of the event: all costs incurred up to this point for processing and organization as well as 75% of the total amount.
   – from one day before the start of the event: all costs incurred up to this point for provision and organization as well as 100% of the total amount.

3. reimbursement of expenses

1. If the order is not executed for reasons for which EACS is not responsible, EACS shall be entitled to reimbursement of expenses.
2. Complaints must be communicated verbally by the customer to the responsible office at EACS.
3. Defects in the goods and services supplied by EACS must be reported by the customer immediately in writing, but at the latest within 24 hours to report@expoaffair.de.
   It is elementary for the authorized representative to attach pictures to illustrate the defect, without pictures a defect cannot be processed.
   The mere description of a defect is not sufficient.
   If the customer does not comply with the reporting deadlines and the defects cannot be remedied in time due to the customer’s behavior during or until the end of the event, no claims for damages can be derived from the defects found in accordance with clause I.4 of these terms and conditions.
4. The risk of loss, damage, reduction and deterioration as well as consequential damage shall pass to the customer upon acceptance of the deliveries or services in kind by the customer.

4. liability

1. In accordance with clause I.4 of these terms and conditions, EACS accepts no liability for items of any kind brought along by the client.
2. In accordance with clause I.4 of these terms and conditions, EACS accepts no liability for indirect damage to persons, property and financial losses or for consequential damage.

Special additional conditions for stand delivery, equipment and furniture rental

Unless otherwise stated below, the provisions of Section I. of these Terms and Conditions shall apply.

1. scope of services, ownership

1. The available scope is determined by the valid order lists.
   The goods are only supplied in standard packaging units.
2. Rented goods and transport containers are the property of EACS.
   An order is only possible after the packaging has been returned.
3. The scope of delivery includes delivery and collection at the exhibition center.
   Goods and objects that are not the property of EACS may not be transported.

2. delivery, responsibility

1. Stand delivery is limited to the following trade fair locations:
   – Messe Frankfurt
   – Messe Köln
   – Messe Düsseldorf
   – Messe Dortmund
   – Messe Hannover
   – Messe Essen
   – Messe Kassel
   – Messe Berlin
   – Messe München
   – Messe Stuttgart
   – Messe Nürnberg
   – Messe Karlsruhe
2. The customer must ensure that the delivery is accepted at the agreed time.
   If acceptance does not take place and a second delivery is required, transportation fees will be charged in accordance with III 3.2.
3. Upon delivery or collection, the customer or a person authorized by the customer must confirm receipt of the rental items.

3. prices, deposit, security deposit

1. The rental price stated in the EACS documents includes delivery and collection.
2. For an order value of €50.00 net or more per delivery, EACS charges a transportation fee of €25.00 plus VAT for each order.
   If drinks are delivered the day before, a fee of € 60.00 plus the statutory
   VAT will be charged.
   This fee is € 25.00 for each additional beverage order during the trade fair.
   At the end of the trade fair period, all equipment and drinks crates will be collected for a net charge of € 60.00. These remain the property of the exhibitor.
   These are and remain property.
3. Items provided are and remain the property of EACS.
   They are collected daily.
   The delivery of goods on a commission basis is not possible.
4. EACS reserves the right to demand the agreement of a deposit, which will be deducted from the rental price upon return of the rental items.

4. provision and return of rental items

1. Ordered items are reserved and made available for the customer.
2. When returning crockery/boxes, they must be in perfect condition, sorted and correctly packed.
   Glasses must be placed in the boxes with the opening facing upwards.
   Leftover food must be removed from dishes and leftover drinks must be spread out.
   Transport boxes must not be heavily soiled and labels should not be damaged.
   In the event of non-compliance, EACS may charge a separate cleaning fee.
3. If the rented items are not returned on time at the end of the rental period or if collection by the hirer is not possible, the hirer is responsible for the duration of the retention of the rented items and must pay the pro rata full rental price plus statutory VAT.
4. Shortages and damage will be charged to the customer in accordance with the price list from the current catalog.
   The client’s liability for the rented items begins upon delivery and ends upon collection by EACS.

5. payment

For the delivery of the stand, the invoice amount per event must be paid within the specified payment period prior to delivery in accordance with the invoice.
Delivery is only possible after payment.

If EACS agrees in exceptional cases (e.g. orders at short notice, time pressure), the
customer can pay for the services described in Section III of these terms and conditions in the online store by instant bank transfer/ Klarna or in cash at the driver’s premises.
Payment via PayPal is also possible, or a bank transfer for the agreed delivery.

6. reimbursement of expenses

If the contract is not fulfilled for reasons beyond the control of EACS, EACS is entitled to reimbursement of expenses.
The amount of the reimbursement of expenses depends on the time at which the non-fulfillment of the contract was established before the agreed start of the event.

– 50 days before the delivery date free of charge, from 49 days to 39 days before the start of delivery 25% of the order value, from 38 days to 14 days before the start of delivery 50% of the order value, from 13 days to 10 days before the start of delivery 65% of the order value, from 9 to 6 days 75% of the order value before the start of delivery, 85% of the order value from 5 to 2 days before the start of delivery, 100% of the order value on the day before the start of delivery.

The customer can prove that the lump sum was not incurred or was not incurred in the amount stated.

7 Transfer of risk, complaints, liability

1. The customer is responsible for the rental during the entire rental period.

2. Upon delivery, the customer must check the rented items and goods.

3. Complaints, in particular about missing quantities or unordered items, must be reported immediately to the authorized EACS employee at the place of delivery.
   Later complaints will not be accepted due to the lack of verification possibilities.

4. The Customer shall be liable for loss, damage, reduction in value and deterioration of the rented items as well as for consequential damage from the time of acceptance of the deliveries or services in kind by the Customer.
   In this context, the customer is advised of the special care required when operating beer dispensing systems (C02 systems) and fully automatic coffee machines (WMF or JURA).
   If the customer uses such a dispensing system or a fully automatic coffee machine, he does so at his own risk.
   Claims for damages by the customer are excluded in accordance with Section I. 4 of these terms and conditions.
5. EACS is liable to the customer for any damage to clothing and health caused by the use of the rental equipment in accordance with Section I. 4 of these terms and conditions, otherwise any liability on the part of EACS is excluded.

Special additional agreements for the deployment of personnel by EACS

Unless otherwise stated below, the provisions of Section I. of these General Terms and Conditions shall apply.

1. workforce

1.1 EACS also provides services in the area of event catering and other events using personnel.

1.2 The client shall not give any instructions to the persons employed by EACS.
The right to issue instructions lies solely with EACS.

1.3 The client shall ensure that the persons employed by EACS for the provision of the services provide the services independently and, if possible, spatially separated from the client’s personnel.
Unless otherwise agreed, the personnel must always be recognizable as employees of EACS.

2nd contact person

2.1 Details of the services to be provided by EACS shall only be transmitted by the client to the contact person known to EACS.

2.2 The contact person appointed by EACS plans and monitors the deployment of the personnel appointed by ACS, the provision of the services and receives any complaints from the client.
Accordingly, the instruction, management and supervision of the personnel employed by EACS is the sole responsibility of ACS, with the client being responsible for the supervision, management and acceptance of the services provided in accordance with the contract.
The contact person shall not be provided with any work equipment and/or resources of the client, unless otherwise agreed in writing.

3. minimum wage

EACS hereby assures that, in accordance with the provisions of the Minimum Wage Act (MiLoG), the employees of EACS receive the statutory minimum wage applicable in the Federal Republic of Germany at the time of delivery / performance.
EACS further assures that EACS complies with the documentation and retention obligations pursuant to § 17 MiLoG vis-à-vis the competent supervisory authorities of the state authorities.

EACS also guarantees that subcontractors providing a service commissioned by EACS require confirmation of compliance with the MiLoG.