Legal notice

General terms and conditions

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Bratwurst Röslein Betriebsgesellschaft mbH
Rathausplatz 6
DE-90403 Nuremberg

Phone: +49 (0) 911 21486-0 oder 0700-BRATWURST
Telefax: +49 (0) 911 / 21486-66

Tax number: 241 / 122 / 80401
VAT ID no: DE 179184094

HRB No.: 14008 Nuremberg Local Court

Responsible within the meaning of press law: Michael Förster, Thomas Förster

Managing directors: Michael Förster, Thomas Förster

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Webseite: motioncompany

Origin of photo material: motioncompany, Bratwurst Röslein or indicated author

Disclaimer

The information provided on these websites is constantly checked and updated by Bratwurst Röslein Betriebsgesellschaft mbH. Nevertheless, despite all care, information may have changed in the meantime. We can therefore not assume any liability or guarantee for the timeliness, accuracy and completeness of the information provided.

The same applies to all websites accessed via such link; Bratwurst Röslein Betriebsgesellschaft mbH is not responsible for the contents of external, linked sites.

Alternative dispute resolution pursuant to art. 14 para. ODR-VO (Directive on Injunction for the Protection of Cconsumer Rights) and sec. 36 VSBG (German Act on Alternative Dispute Resolution in Consumer Matters): The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/. Consumers have the possibility to contact the general consumer arbitration board,

 Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V.
 Straßburger Str. 8
 77694 Kehl
 Deutschland

 Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
 Website: https://www.verbraucher-schlichter.de
 Phone: +49 7851 79579 40,

to settle their disputes.

Reference in accordance with sec. 36 of the German Consumer Dispute Settlement Act (VSBG):
Our company will not participate in any dispute resolution proceedings before a consumer arbitration body within the meaning of the VSBG and is not obliged to do so.

General Terms and Conditions

Bratwurst- Röslein Betriebsgesellschaft mbH, Nuremberg, Germany

I. Scope

  1. These terms and conditions apply to all catering contracts and to all pre-orders for catering services placed on our premises
  2. They also apply to all further services and deliveries provided to the customer by our company, including deliveries outside our company.
  3. The customer's terms and conditions shall only apply where this has been expressly agreed in writing in advance.

II. Conclusion of contract, contracting parties; statute of limitations

  1. The contract shall be deemed concluded with the acceptance of the customer's application by our company. Our company is free to confirm the reservation in writing.
  2. The contracting parties are our company and the customer. Where a third party has ordered for the customer, such third party shall be jointly and severally liable to us for any and all obligations arising from the hospitality contract.
  3. Any and all claims against our company shall be subject to a limitation period of one year starting with the beginning of the knowledge-dependent regular limitation period of sec. 199 para. 1 BGB (German Civil Code). Claims for damages shall become statute-barred after three years irrespective of knowledge. Shortening of the statute of limitations shall not apply to claims which are based on an intentional or grossly negligent breach of duty on our part..

III. Services, prices, payment, offsetting

  1. Our company is obliged to keep the seats reserved by the customer available and to provide the agreed services.
  2. The customer is obliged to pay the valid or agreed prices charged by our company for the services used. This applies also for services and expenses of our company arranged by the customer to third parties.
    Additional services and agency services such as music bands, artists, flower decorations, special prints of menu cards and the like are charged extra and are not included in the sales guarantee.
    After written order placement, the cancellation fee for musicians' and artists' fees is 100% of the invoice amount, where these are charged to our company.
  3. Musicians' and artists' fees will either be settled directly by the organizer with the persons concerned or they will be invoiced by us in advance. Any GEMA fees and the registration of the music sequence with GEMA shall be made directly by the organizer. Our company may request the organizer to provide evidence thereof.
  4. The calculation shall be based on the number of persons registered. Where the advance payment is not effected in due time, our company shall be entitled to rescind the contract, unless an individual arrangement has been agreed.
  5. We reserve the right to demand advance payment for events. Our company is entitled to demand advance payment or security deposit equal to 70% of the total price when the contract is concluded or at a later date. The remaining 30% of the invoice is due for payment immediately after the end of the event. The advance payment shall be effected no later than 2 weeks before the event in the amount of 70% of the expected invoice amount. Failure to make the advance payment in due time shall entitle our company to rescind the contract. This does not apply where an individual arrangement has been agreed.
  6. The opening hours are Monday through Sunday from 10.00 am to 12.00 pm. For events going on beyond 12:00 p.m., we charge a flat-rate night surcharge of € 30 per hour or part thereof for each member of our staff present. The closing time for our restaurant is 12.00 pm. Due to its location in a residential area, music is only permitted until 10 p.m., but no later than midnight, at an appropriate volume.
  7. A debtor invoice can be issued with a prior written confirmation indicating the exact invoice address. For debtor invoices under € 100.00 we charge a processing fee of € 5.00.
  8. Our invoices are payable without deduction within 10 days.
  9. The agreed prices include the respective legal value added tax. Where the period between conclusion of the contract and fulfillment of the contract exceeds four months and where the price charged by the company for such services generally increases, the company may adjust the contractually agreed price to a reasonable level, up no more than 5%.
  10. Our company may also change the prices if the customer subsequently requests changes to the number of persons to be entertained or to the service of our house and our company agrees to this. This also applies to statutory VAT increases.
  11. In the event of default in payment, our company shall be entitled to charge the statutory interest on arrears currently applicable at a rate of 8% or, in the case of legal transactions in which a consumer is involved, at a rate of 5% above the prime rate. Our company reserves the right to provide evidence of any higher damage incurred.
  12. The customer may only offset or reduce a claim against a claim of our company with an undisputed or legally binding claim.

IV. Withdrawal on the part of the customer (cancellation) / Non-use of the services of our company

  1. Any withdrawal on the part of the customer from the catering contract concluded with our company is subject to the written consent of our company. Otherwise, the price agreed under the contract shall also be payable if the customer does not make use of contractual services.
  2. Insofar as a date for free withdrawal from the contract has been agreed in writing between our company and the customer, the customer may withdraw from the contract until that date without giving rise to payment or compensation claims on our part. The customer's right of withdrawal expires if the customer does not exercise its right of withdrawal in writing vis-à-vis our company by the agreed date.
  3. Where the customer does not make use of seats, our company shall credit the income earned from the alternative allocation of seats as well as the saved expenses.
  4. Our company shall be free to demand the contractually agreed remuneration and to deduct the lump sum for saved expenses.
  5. Where an event is cancelled 7 days or less before the reservation date or if the customer does not show up, the full final price will be charged. Where an event is cancelled up to 7 days prior to the reservation date, we will charge the final price less 20% saved expenses. The consumption of drinks is based on the average value of our company which is € 20, 00 per person. For an à la carte reservation we charge a flat rate of € 16, 00 per person.
    The customer is free to furnish proof that the above-mentioned claim has not arisen at all or has not arisen in the required amount.
  6. 6. Reserved tables or ancillary rooms are available to the customer at the time agreed in writing. If the customer does not show up, the seats will be released after 15 minutes, in which case there is no entitlement on the part of the customer. Use of the rooms for the agreed period of time is subject to the prior consent of our company.

V. Withdrawal on the part of our company

  1. Insofar as the customer's right to withdraw free of charge within a certain period has been agreed in writing, our company in turn shall be entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked seats and the customer does not waive its right to withdraw from the contract upon inquiry by our company.
  2. If an agreed advance payment is not made even after the expiry of a reasonable grace period set by our company, our company shall also be entitled to withdraw from the contract.
  3. Furthermore, our company shall be entitled to withdraw from the contract for objectively justified reasons without this being attributable to our company's sphere of control or organization, for example if
    • if force majeure or other circumstances beyond our control render performance of the contract impossible;
    • if there is a good reason to believe that the event endangers the smooth running of the business, the safety or the reputation of the hotel or our guests;
    • if seats are reserved under misleading or false statements of essential facts, e.g. in the person of the customer or the purpose; make it impossible to fulfil the contract
  4. In the event of justified withdrawal by our company, the customer shall not be entitled to claim damages.

VI. Final provisions

  1. Amendments or supplements to the contract, the acceptance of the application or these terms and conditions shall be made in writing. Unilateral changes or additions by the customer are not effective.
  2. Place of performance and payment shall be Nuremberg.
  3. The exclusive place of jurisdiction for check and bill disputes in commercial transactions shall be Nuremberg. Insofar as either contracting party meets the requirements of § 2 § 38 para. 2 German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction Nuremberg shall be deemed agreed.
  4. The laws of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions shall be excluded.
  5. Should individual provisions of these General Terms and Conditions be or become invalid or ineffective, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

Bratwurst - Röslein
Betriebsgesellschaft mbH
Rathausplatz 6, 90403 Nürnberg
Phone: +49 911 / 21486-0 Fax: +49 911 / 21486-66

Click here to download and print our General Terms and Conditions for the Hospitality Contract (.pdf)