Zertifiziert:
Zertifiziert:
§ 1 Application of the General Terms and Conditions
(1) The General Terms and Conditions accepted by both contracting parties govern the terms and conditions between the ‘provider’, Treffer GbR ‘Der Postwirt’, represented by Gertraud and Benedikt Treffer, Marktplatz 1, 85110 Kipfenberg and the ‘customer’. In particular, the General Terms and Conditions apply to all deliveries and services offered by the provider, unless otherwise agreed in writing between the contracting parties.
(2) The provider offers various services and events on its premises, e.g. for conferences, meetings, weddings, company events and Christmas parties.
(3) ‘Customers’ are in particular all hotel and restaurant guests of the provider.
(4) The inclusion of the customer's general terms and conditions is expressly rejected. These are also not recognised if the provider does not explicitly object to them.
(5) These General Terms and Conditions apply both to entrepreneurs in accordance with § 14 BGB and to consumers in accordance with § 13 BGB.
§ 2 Conclusion of contract
(1) Unless otherwise agreed, the contract is concluded by an offer from the customer by e-mail or by the form on the provider's website and acceptance by the provider by e-mail. In the case of verbal or telephone agreements, the contract shall always be concluded by e-mail or in writing.
(2) After booking or organising the event, the customer shall receive an invoice from the provider by e-mail or in writing. After booking, the customer shall receive an order confirmation, either via the website, by e-mail or in writing. The order confirmation can also be made verbally on site. In any case, the contract is only concluded when the provider confirms the customer's booking. The customer's booking is binding.
(3) The prices stated in the provider's offers are valid for a period of 7 days from receipt of the offer. After expiry of this period, the provider reserves the right to adjust the prices.
(4) For contracts already concluded, the provider reserves the right to make a recalculation for a date approximately 4 months in the future in order to cover cost increases. This also applies to contracts concluded at the turn of the year.
(5) The customer shall be informed of any price adjustments without delay, i.e. as soon as a meaningful recalculation is possible due to the price increases. Price increases shall be deemed accepted for contracts already concluded if the customer objects within 14 days of notification. In the event of an objection, both parties have the right to extraordinary cancellation of the contract.
§ 3 Performance of the services
(1) The Provider shall provide its services to the Customer in such a way that it makes its premises available to the Customer for the above-mentioned events and organises the event. The events shall take place on the premises available to the Provider. This applies to both indoor and outdoor areas. The booking of an event is always combined with catering or an entertainment package from the provider.
(2) As part of the events, it is possible to stay overnight in the provider's hotel. The overnight stays must be booked separately. For this purpose, a desired number of rooms can be blocked up to the date agreed in the contract. If a block is requested beyond the date, this shall be deemed a binding reservation. If a binding reservation is cancelled, the cancellation conditions of the provider's hotel apply. These can be viewed by the customer at the following link: https://derpostwirt.de/hotel.html. If the rooms are not firmly reserved beyond the agreed date, the blocking ends on the cut-off date without further consultation.
(3) The event times are set out in the respective order confirmation.
§ 4 Payment
(1) Payment of the invoice is possible by bank transfer by the customer to the account specified by the provider on the invoice or in cash or by card.
(2) Unless otherwise agreed, payment is due 14 days after receipt of the invoice in the case of payment on account.
(3) All prices on the website and in the provider's offers are quoted inclusive of the applicable statutory VAT, unless explicitly stated otherwise.
(4) The customer may only offset or reduce a claim of the provider with an undisputed or legally binding claim.
§ 5 Cancellation and withdrawal
(1) Cancellation of the contract concluded with the provider by the customer free of charge requires the written consent of the provider. If this is not given, the agreed room rent from the contract and the services arranged by third parties must be paid in any case, even if the customer does not utilise contractual services and it is no longer possible to re-let the room. This shall not apply in the event of a breach of the provider's obligation to take into account the rights, legal interests and interests of the customer if the customer can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of cancellation.
(2) If a date for cancellation of the contract free of charge has been agreed in writing between the provider and the customer, the customer may cancel the contract up to that date without triggering payment or compensation claims by the provider. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the provider by the agreed date, unless a case pursuant to paragraph (1) sentence 3 exists.
(3) Services agreed between the provider and the customer, as well as the reservation of premises for events of any kind, may be cancelled by the customer free of charge up to three months before the agreed date of performance or the event.
(4) If an event does not take place on the Provider's premises for reasons for which the Provider is not responsible, the Customer shall be entitled to assert the following claims:
(5) If rooms are booked in connection with the event or conference, the same cancellation conditions and costs apply as for the booked event/conference.
(6) If additional events are booked in connection with a conference/event, the same conditions apply as for the event itself. Excluded from this are services from third-party providers. Here the conditions of the respective providers apply. The customer is obliged to inform himself about the terms and conditions of the booked third-party providers that he books via the provider.
(7) In the event of a reduction in the number of participants or guests, which is notified to the provider up to 10 days before the start of the event, the customer shall be entitled to a pro rata reduction in the remuneration payment. If the reduction is notified between 10 and 3 days before the start of the event, the disposal shall be reduced in accordance with the reduced number of participants, plus 50% of the remuneration attributable to the participants who did not attend. If the reduction is notified less than 3 days before the start of the event, the customer must pay the agreed remuneration in full.
(8) The Provider is entitled to withdraw from the contract for objectively justified reasons, for example if force majeure or other circumstances for which the Provider is not responsible make the fulfilment of the contract impossible; events are booked with misleading or false information regarding material facts, e.g. of the customer or purpose, or the provider has justified cause to believe that the event may jeopardise the smooth running of the business, the safety or the reputation of the provider in the public eye, without this being attributable to the provider's sphere of control or organisation.
§ 6 Complaints
(1) Obvious defects can only be taken into account if the customer reports them immediately after becoming aware of them. A complaint must be made immediately.
(2) A late complaint cannot be considered.
(3) The provider is entitled to change its services if this is necessary due to external factors beyond its control. The customer shall not be entitled to any claims for compensation in this case.
(4) The customer shall have no claim to the decoration or planting found during a preliminary inspection of the premises. The provider reserves the right to redesign its event rooms and areas at any time according to its wishes.
§7 Liability
(1) The Provider shall be liable to the Customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, the Provider shall only be liable - unless otherwise regulated in para. 3 - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, the liability of the provider is excluded, subject to the provision in paragraph 3.
(3) The liability of the provider for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
(4) The provider reserves the right to demand the costs directly from the customer in the event of damage caused by the customer to the property of the provider up to an amount of 500 euros. These costs can either be collected on site in cash or by means of a deposited credit card. The customer agrees that the provider may debit the corresponding amount from the deposited credit card without the customer's further consent.
(5) For damages that exceed the amount of 500 euros, the provider shall support the customer in processing the claim through an appropriate insurance policy. The customer undertakes to provide the provider immediately with all necessary information and documents that are required for reporting and settling the claim. The provider shall charge a processing fee of XX euros for assistance in settling the claim with an insurance company. This fee will be invoiced to the customer and is payable within 14 days of invoicing.
(6) The customer shall indemnify the provider against all third-party claims resulting from damage to the provider's property by the customer, the customer's accompanying persons or visitors.
(7) The provider expressly points out that this provision does not constitute a limitation of liability for the customer. The customer remains fully liable for all damage caused by him, irrespective of whether this is covered by insurance or not.
§ 8 Obligations of the customer
(1) The customer may not bring food and beverages to events; exceptions require a written agreement with the provider. In such cases, a contribution will be charged to cover overheads.
(2) If the customer uses the provider's premises and areas for event purposes, the customer must treat them with care. The customer shall be liable for any damage caused to buildings or inventory, even if this is caused by his guests.
(3) Any decoration material brought along must comply with fire safety requirements. The customer must consult the provider in advance regarding the installation of objects or decorations. The customer may not assert any rights, even if the provider is entitled to refuse to do so. The items or decorations brought in must be removed immediately after the end of the event. The provider accepts no liability for the items brought in.
(4) The customer undertakes to recognise the provider's house rules, which are available at the following link (https://www.inselgast.de/web/derpostwirt) and are displayed at the event venues. The customer shall also ensure that his guests comply with the house rules.
(5) The customer is obliged to accept a surcharge in the invoice if there are unexpected cost increases for which the provider is not responsible. This applies in particular to claims for damages regarding damaged and missing inventory of the provider, as well as a surcharge for the food, due to intolerances and eating habits of the guests.
(6) The customer undertakes to adhere to the previously agreed schedule. Booked additional activities must also be carried out at the same time. If the schedule cannot be adhered to due to the customer's fault, the customer must bear the resulting costs.
§ 9 Data protection
(1) The customer expressly consents to the electronic processing of his personal data within the framework of the following regulations. Customer data shall be treated with absolute confidentiality. The customer data provided will be used exclusively for the preparation of personalised offers and advice as required and for the purposes of our own market research and contract fulfilment. The data will not be passed on to third parties.
(2) The separate data protection provisions on the provider's homepage under the following link apply: https://derpostwirt.de/datenschutz.
§ 10 Right of cancellation
With regard to the right of cancellation, the provider refers to the separate cancellation policy at https://1drv.ms/b/s!ArIY9omBYYSMjkpK3lGkDsTixT1A?e=cXdSoL.
§ 11 European dispute resolution
(1) The provider refers to the online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which the customer can find at https://ec.europa.eu/consumers/odr. Here you can enter into the out-of-court settlement of consumer disputes arising from online contracts.
(2) The provider is not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 12 Final provisions
(1) Should individual provisions of the respective contract between the customer and the provider be or become invalid or void, this shall not affect the validity of the contract as a whole. Rather, the invalid or void provision shall be replaced by a provision in free interpretation which comes closest to the purpose of the contract or the parties' intentions.
(2) The law of the Federal Republic of Germany shall apply.
(3) Amendments and supplements to the contract must be made in writing to be effective, unless otherwise stipulated in these General Terms and Conditions.
(4) The place of jurisdiction is, as far as permissible, the registered office of the provider.
