Scope
These General Terms & Conditions of business shall apply to all contracts and offers issued by Supreme Sports Hospitality Frankfurt GmbH (hereinafter called “Supreme”) in which reference is made to these said General Terms & Conditions of Business.
The client’s terms and conditions of business, or those of third parties, shall not apply. Even if Supreme has not separately dissented from their validity in the individual case. Even if Supreme makes reference to a letter containing the client’s general terms and conditions of business or those of a third party, or alludes to the same, such reference or allusion shall not imply any agreement with the validity of these said terms and conditions of business.
Conclusion of contract and offers
All offers by Supreme shall be non-binding, unless they are expressly designated as binding.
Legal relations between Supreme and the client shall be governed solely by the written event contract (including its annexes and these General Terms & Conditions of Business) concluded between Supreme and the client. This shall reproduce in full all agreements between the contracting parties relating to the subject of contract. Verbal agreements made prior to conclusion of contract shall be legally non-binding, unless they expressly imply that such verbal agreements enjoy binding continuance.
Supplements and amendments to agreements once concluded, including these General Terms & Conditions of Business, shall only be valid if they are in writing. To satisfy this requirement of written form, telecommunicative transmission shall suffice, particularly by fax or e-mail.
Supreme shall retain title and copyright to all offers and documents which it has produced. The client must not, without express permission of Supreme, supply these offers and other documents, neither as such nor the contents thereof, to third parties, shall not disclose them, nor use or duplicate them either itself or via third parties. Upon demand by Supreme it must return these items in full and destroy any copies which may have been made if they are no longer needed by the client in the ordinary course of business or if negotiations do not lead to the conclusion of a contract.
Contractual performances
Supreme shall supply the performances during the event as set out in the event contract and offer.
All equipment and assets provided by Supreme for supply of performance (e.g. furniture, table linen, cutlery etc.) shall remain the property of Supreme and shall only be lent or rented. The equipment and assets so provided must be treated by the client with care and returned immediately to Supreme after the event. With regard to the amount, the quality and the characteristics of the agreed performances, only the statements made in the event contract and the offer shall be binding. The statements in the offer shall represent legally binding guarantees of characteristics only if they are expressly designated as such in the offer.
With regard to the period of performance, the statements in the event contract and offer shall be binding. Should the agreed starting and finishing times be moved at the wish of the client, Supreme shall be entitled to charge for the additional costs incurred.
Otherwise Supreme shall not be liable for disruptions for which Supreme is not culpable (e.g. due to force majeure, such as strike, lockout, natural catastrophes). The client shall be entitled to withdraw from the contract, however, if the preconditions exist for a cessation of the basis for business as set out under Section 313 of the German Civil Code. No further claims, particularly for reimbursement of costs or for loss or damage, shall subsist in these cases.
Defects identified by the client must be put into a detailed written complaint immediately, otherwise the performance shall be deemed to be in accordance with contract. All claims for defects shall lapse 12 months from delivery or supply of performance.
The client shall be responsible for ensuring that the statements and documents which it has supplied are accurate. Supreme shall undertake no liability for any loss or damage, defects or delays resulting from inaccurate statements or documents.
Insofar as licences or official approvals are necessary to hold the event, the client shall obtain these at its own cost.
Should impediments or impairments occur which impede the supply of the agreed performances, or if the client has reason to anticipate the occurrence of impediments or impairments, the client shall notify Supreme immediately in writing thereof, stating the anticipated duration of the impediment. The client’s duty to supply the contractual performances shall not be affected thereby.
Payment and prices
The payment to be made by the client to Supreme shall be set in the event contract or offer. All figures shall be net, excluding Value Added Tax.
Additional performances, carried out at the request of the client and not listed in the event contract or offer, shall be paid separately by the client. The same shall apply to additional costs incurred because the statements supplied by the client are inaccurate or the client has not fulfilled its duties of collaboration in good time or in full.
All invoices shall be due immediately upon receipt of invoice without deduction. Payments shall be deemed to have been made to Supreme only upon credit to one of Supreme’s accounts.
Should the client be in arrears, Supreme shall be entitled to charge default interest of 8 percent above the base rate as set out in Section 288, Paragraph 2 of the German Civil Code (BGB). Supreme hereby reserves the right to claim loss or damage over and above the same.
Supreme shall be entitled upon conclusion of contract to require an advance payment in the sum of 80% of the order value and to invoice the same. Should no set due date be fixed for a payment on account, or should the date of the event not yet be determined, the agreed payment on account shall be due no later than 10 days prior to the event date. Should the client be in arrears with the advance payments, Supreme shall be entitled to withdraw from the contract and to invoice performances already supplied.
Changes to scope of performance, cancellations
Should the client cancel the agreed performances or reduce the number of participants by more than 10%, the following conditions shall apply:
In the case of contracts having as their subject the provision of staff, food and equipment:
From conclusion of contract to 31 days prior to start of event (assembly): 15%
Between 30 and 15 days prior to start of event (assembly): 45%
Between 14 and 8 days prior to start of event (assembly): 60%
Between 7 and 5 days prior to start of event (assembly): 80%
From 4 days prior to start of event (assembly): 100%
In the case of contracts which have as their subject the provision of drinks:
From conclusion of contract to 31 days prior to start of event (assembly): 5%
Between 30 and 15 days prior to start of event (assembly): 10%
Between 14 and 8 days prior to start of event (assembly): 15%
Between 7 and 5 days prior to start of event (assembly): 25%
From 4 days prior to start of event (assembly): 50%
The time governing compliance with cancellation deadlines shall be the delivery of the written cancellation notice to Supreme. The deduction of costs saved is already covered in the conditions of cancellation under Section 5.1. The client shall be free to prove that Supreme has suffered a lower loss through the cancellation.
Supreme shall further be entitled to withdraw from contract if justified reason exists to suppose that the event may threaten the smooth operation of business, the safety or reputation of Supreme among the public, without Supreme being culpable thereof. In such case the client shall have no claim to damages.
The contracting partner shall have a duty to notify any desired changes in writing regarding the scope of performance and the actual number of guests, in the case of box-catering arrangements of up to a maximum of 50 persons no later than 5 days, and in the case of special events of 51 persons and above no later than 10 days, prior to the start of the event. The number shall form the basis of the charge billed. Should the number of guests be reduced by more than 10%, Supreme shall be entitled to revise the set prices. No account shall be taken of an undershoot of the registered number; no revision of payment shall be made. Should the number of participants be increased, the charge shall be billed in accordance with the actual number of participants.
Taking in of food and drink
The client may not bring in food and drink itself.
Liability
Supreme shall be liable for loss or damage caused by intention or gross negligence in accordance with statutory provisions.
In the case of minor negligence, Supreme shall be liable only for foreseeable loss or damage, which upon conclusion of contract might reasonably be expected to eventuate given the performances to be supplied by Supreme.
The foregoing limitation of liability shall not apply in case of damage to life, limb or health.
Secrecy
The contracting parties shall keep secret all confidential information of the other contracting party and protect it against unauthorised access. They shall treat confidential information with the same care that they use for such of their own information as is equally in need of secrecy, but at least with all the care of a prudent merchant.
Confidential information shall be operating and business secrets and any other information and documentation which are either marked as confidential or whose confidentiality is obviously implied by their circumstances or by their very nature. Information shall not be regarded as confidential which (a) was known to the recipient party before it received the said information from the other contracting party in connection with this contract, (b) the recipient party has acquired from third parties not bound to restrictions regarding use and transmission, or(c) is or enters into the public domain without culpability or assistance on the part of the recipient contracting party.
The foregoing provision shall not restrict the rights of the contracting parties insofar as (a) the use or disclosure of confidential information is made for the fulfilment of duties or exercise of rights which are set in the integral parts of the contract or (b) their use or disclosure is required under current law or an order of a court or official body and the contracting party so obliged to make disclosure notifies the other contracting party thereof immediately in writing, or (c) the contracting party whose confidential information is to be disclosed has agreed thereto in writing previously. The duties of the contracting parties under this Section 8 shall subsist even after the ending of the contract for a term of 2 years.
Miscellaneous provisions
Should any individual provisions of this contract be or become invalid or unfeasible, the validity of the remaining provisions of this contract shall not be affected thereby. The invalid or unfeasible provision shall be replaced by a regulation which approaches most nearly to the commercial purpose of the invalid or unfeasible provision. The same shall apply should the contracting parties subsequently ascertain that the contract contains a lacuna or lacunas.
The client shall not be entitled without the prior agreement of Supreme to assign rights or duties under this contract.
This contract shall be subject to the law of the Federal Republic of Germany, and the place of jurisdiction shall be Frankfurt am Main, unless the law mandates otherwise.